District Court
New South Wales
Medium Neutral Citation: R v McGarrigle [2021] NSWDC 780 Hearing dates: 5 November 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 7 years 6 months. Non parole period of 4 years 3 months. See orders at [29]
Catchwords: CRIME - Discharge firearm with intent to cause grievous bodily harm - Possess shortened firearm (not pistol) without authority
SENTENCING - Relevant factors on sentence – guilty plea - repeat offender - on parole - unable to access rehabilitation - no Drug Court programmes available - danger of institutionalisation – young immature offender - almost all his adult life to date spent in gaol
Legislation Cited: CrimesAct1900
Crimes (Administration of Sentences) Act 1999
Firearms Act 1986
Cases Cited: Attorney General's Application No 1 [2002] 56 NSWLR 146
Green v The Queen (2011) 244 CLR 462; [2011] HCA 49
Texts Cited: COVID-19 (coronavirus) Response, Corrective Services NSW;
Category: Sentence Parties: Matthew McGarrigle (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr R Steward (for the offender)
Ms A Hughes, Solicitor Advocate (for Director of Public Prosecutions)
Williamson Isabella Lawyers (for the offender)
File Number(s): 2020/00175106
sentence – ex tempore revised
Introduction
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In sentencing offenders for serious crimes, a judge must take into account a number of important principles and purposes for sentencing. An important one is to vindicate the dignity of any victim of a violent crime. The second is to signal by the severity of the sentence imposed the retribution that will fall on others who think they can commit similar offences. A third is to signal to the offender how seriously the community views his offending in the hope that he will learn from the punishment inflicted on him and not reoffend again on release.
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That third object, specific deterrence, does not always work. This sentencing exercise reflects a failure, all too common; punishment has not enabled the offender to learn and change their behaviour. Punishment is a very blunt tool. If a person is to be assisted in resuming a normal community life and in not reoffending, a concerted effort has to be made not just by him and any supporting family but also by the authorities, including the State Parole Authority, to provide and encourage such rehabilitation. That means services must be made available. If a person is ill‑equipped for life in the community because of their background and having spent a lengthy time in prison, it is all too common that they fall back into old habits. On release from gaol, they resume; drug use and contact with the sort of people they hung out with before they went into gaol…
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- AGLC
- R v McGarrigle [2021] NSWDC 780
- Case
- [2021] NSWDC 780
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court had to address were whether the appellant's conviction should stand, and if the sentence was appropriate in the circumstances. The appellant argued that his possession of the firearm was not with the requisite intent to cause grievous bodily harm, and that the sentence was excessive given his young age, lack of rehabilitation opportunities, and the immaturity of his offending.
The court began by addressing the appellant's argument regarding the intent to cause grievous bodily harm. The court found that the evidence demonstrated the requisite intent, affirming the conviction on this count. The court then considered the sentence, taking into account the appellant's guilty plea, his status as a repeat offender, and the fact that he was on parole at the time of the offence. The court noted the appellant's limited access to rehabilitation programs, the absence of Drug Court options, and the risk of institutionalisation. Despite these factors, the court considered the seriousness of the offence and the need for general deterrence, ultimately determining that a sentence of 7 years and 6 months was appropriate, with a non-parole period of 4 years and 3 months.
Orders
Orders of the court
Sentenced to a term of imprisonment of 7 years 6 months. Non parole period of 4 years 3 months. See orders at [29]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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