R v Matthew Paul Peisley

CITATION:	R v Matthew Paul PEISLEY [2010] NSWDC 240
HEARING DATE(S):	24 September 2010, 8 October 2010
JUDGMENT DATE:	8 October 2010
JURISDICTION:	Criminal
JUDGMENT OF:	Haesler DCJ SC
DECISION:	Count 2 - Proceeds of crime offence and Form 1. NPP 2 years 3 months with a balance of sentence of 1 year and 6 months. Count 1 - Firearms Act offence. NPP 3 years and 9 months with a balance of sentence of 2 years 3 months. The total effective sentence is 7 years with a NPP of 4 years 9 months.
CATCHWORDS:	CRIMINAL - Firearms offences - Proceeds of crime - Operation Schoale
LEGISLATION CITED:	Firearms Act 1996 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Cromarty (2004) 144 A Crim R 515 Mack v R [2009] NSWCCA 216 Basedow v R [2010] NSWCCA 76 R v Mahmud [2010] NSWCCA 219
PARTIES:	Regina Matthew Paul Peisley
FILE NUMBER(S):	2008/00258322
COUNSEL:	Mr W Hunt (Offender)
SOLICITORS:	Ms F Gray (Director of Public Prosecutions) Mr W O'Brien (Offender)

SENTENCE

Introduction

1. On Wednesday 28 February 2007 police attended the home of Matthew Paul Peisley, the offender, in Tarrawanna, a suburb of Wollongong. They had with them a valid search warrant. Over the next few hours police searched the premises and found a significant number of firearms, including three prohibited firearms, being a 12 gauge Remington self-loading shotgun, a 9 mm Parabellum Steyr self-loading pistol and a .22 Stirling model self-loading rifle with silencer attached. Also found was a prohibited pistol, being a .44 Magnum Desert Eagle self-loading pistol with distinctive gold plating.

2. Other firearms and weapons found included magazines, one of which was loaded, for the Steyr pistol; an electric Taser-type anti-personnel device; a .357 Magnum Smith and Wesson six chamber revolver; a .22 Winchester Magnum rimfire; Magnum Mossberg repeating rifle; a .22 calibre Winchester model 600 repeating rifle; a 12 gauge single barrel shotgun of Russian manufacture; and a 12 gauge Amadeo Rossi double barrel shotgun.

3. A large quantity of ammunition was also found. All the firearms were stored away and were not readily accessible. An example is shown in the extract of the video of the search of the premises tendered after the hearing of the matter as Exhibit D. It indicates that although the 9 mm self-loading pistol was located in a bag with magazines, one of which contained four rounds of ammunition, it was also stored behind a cabinet under a television, which had to be moved to get to it.

4. Located in the roof cavity was a quantity of cash. That cash was packed into thirty-nine heat-sealed bags, six of which bore the offender’s fingerprints. No other fingerprints were located on the bags. The cash in the roof cavity totalled $10,209,060. Also found were money counters and a plastic heat-sealed packaging system.

5. An unrelated charge of obtain benefit by deception, involving the offender providing a false letter in an application for mortgage finance, was also before the…