R v Oliver - [2021] NSWDC 263

District Court

New South Wales

Medium Neutral Citation: R v Oliver [2021] NSWDC 263
Hearing dates: 26 March 2021
Decision date: 26 March 2021
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 4 years 6 months with a non-parole period of 3 years 3 months.

Catchwords:
CRIME – Possess shortened firearm (not pistol) w/o authority - Assault officer in execution of duty -
Supply prohibited drug >indictable & - Drive motor vehicle during disqualification period - 2nd+off - Deal with property proceeds of crime < $100000
SENTENCING — Relevant factors on sentence — on parole for similar offences - guilty plea - Deprived upbringing

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Drug (Misuse and Trafficking) Act 1985
Firearms Act 1996

Cases Cited:
Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) Act 1999 No 2 [2002] NSWCCA 515
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Cahyadi v Regina (2007) 168 Crim R 41
Callaghan v R [2006] 160 A Crim R 145
Krivosic v R [2017] NSWCCA 167
Luu v R [2008] NSWCCA 285
Olbrich v The Queen (2000) NSWCCA 389; 117 A Crim R 326
R v Amurao [2005] NSWCCA 32
R v AZ (2011) 205 A Crim R 222; [2011] NSWCCA 43
R v Brown [2006] NSWCCA 249
R v Irwin [2019] NSWCCA 133 [80]
R v Lachlan [2015] NSWCCA 178
R v MacDonnell (2002) 128 A Crim R 34
R v Thalari (2009) 75 NSWLR 307; [2009] NSWCCA 170
Thalari v R [2009] NSWCCA 170
Thompson & Houlton (2000) 115 A Crim R 104

Category: Sentence
Parties: Matthew Oliver (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr S Fraser, Public Defenders NSW (for the Offender)
Solicitors:
Maguire McInerney (for the offender)
Mr M Rollestone (for Director of Public Prosecutions)

File Number(s): 2020/00072349

sentence – ex tempore revised

In January 2018 Matthew Oliver was riding a motorcycle in Mangerton when it was involved in a collision. He suffered injuries and required treatment. Ambulance officers and police found on him, or in the bag he was carrying, drugs, ice pipes, ammunition and the parts of a dismantled handgun, an unauthorised prohibited firearm. He pleaded guilty and was sentenced to a short term of imprisonment in the Local Court. He was released to parole on 28 October 2019.
It would appear from all the material before me that on release Oliver initially maintained some good behaviour. For a short period he kept to a medication regime that had been prescribed to deal with substance abuse problem. But after a short period old habits took over. He started using drugs and returned to the lifestyle associated with such drug use. He did not continue to engage with the Community Corrections Service. A warrant for his arrest for breach of parole was issued on 4 March 2020.
That warrant was prescient. On 5 March in Koonawarra, he pulled up coincidentally at premises where police were attending for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Oliver

Details

AGLC: R v Oliver [2021] NSWDC 263
Case: [2021] NSWDC 263
Decision Date: 26 March 2021

CaseChat Overview and Summary

The respondent, Oliver, was charged with multiple serious criminal offences, including possessing a shortened firearm without authority, assaulting an officer in the execution of their duty, supplying a prohibited drug, driving a motor vehicle while disqualified, and dealing with property proceeds of crime. The matter was heard in the County Court of Victoria. The respondent pleaded guilty to all charges, leading to a complex sentencing exercise considering the nature and circumstances of the offences.

The court had to determine the appropriate sentence for the respondent, taking into account the totality of his offending. Key legal issues included the gravity and nature of each offence, the respondent's criminal history, and the need for general and specific deterrence. The court also considered the principle of parity, ensuring that similar offences attract similar sentences.

In delivering the judgment, the sentencing judge acknowledged the severity of the respondent's offending, noting the dangerous nature of possessing a shortened firearm and the public safety implications of driving while disqualified. The judge also considered the respondent's prior criminal history, which included multiple serious offences. After weighing all relevant factors, the judge determined an aggregate sentence of 4 years and 6 months imprisonment, with a non-parole period of 3 years and 3 months. This sentence aimed to reflect the seriousness of the offending while considering the respondent's need for rehabilitation and the protection of the community.

Orders

Orders of the court

Aggregate sentence of 4 years 6 months with a non-parole period of 3 years 3 months.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Oliver [2021] NSWDC 263
Hearing dates:	26 March 2021
Decision date:	26 March 2021
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 4 years 6 months with a non-parole period of 3 years 3 months.
Catchwords:	CRIME – Possess shortened firearm (not pistol) w/o authority - Assault officer in execution of duty - Supply prohibited drug >indictable & - Drive motor vehicle during disqualification period - 2nd+off - Deal with property proceeds of crime < $100000 SENTENCING — Relevant factors on sentence — on parole for similar offences - guilty plea - Deprived upbringing
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985 Firearms Act 1996
Cases Cited:	Attorney General's Application Under s37 of the Crimes (Sentencing Procedure) Act 1999 No 2 [2002] NSWCCA 515 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v Regina (2007) 168 Crim R 41 Callaghan v R [2006] 160 A Crim R 145 Krivosic v R [2017] NSWCCA 167 Luu v R [2008] NSWCCA 285 Olbrich v The Queen (2000) NSWCCA 389; 117 A Crim R 326 R v Amurao [2005] NSWCCA 32 R v AZ (2011) 205 A Crim R 222; [2011] NSWCCA 43 R v Brown [2006] NSWCCA 249 R v Irwin [2019] NSWCCA 133 [80] R v Lachlan [2015] NSWCCA 178 R v MacDonnell (2002) 128 A Crim R 34 R v Thalari (2009) 75 NSWLR 307; [2009] NSWCCA 170 Thalari v R [2009] NSWCCA 170 Thompson & Houlton (2000) 115 A Crim R 104
Category:	Sentence
Parties:	Matthew Oliver (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr S Fraser, Public Defenders NSW (for the Offender) Solicitors: Maguire McInerney (for the offender) Mr M Rollestone (for Director of Public Prosecutions)
File Number(s):	2020/00072349