R v Robert Richard Cutler - [2010] NSWDC 236

NEW SOUTH WALES DISTRICT COURT

CITATION:
R v Robert Richard CUTLER [2010] NSWDC 236

FILE NUMBER(S):
2008/73196

HEARING DATE(S):

JUDGMENT DATE:
13 August 2010

PARTIES:
Regina
Robert Richard Cutler

JUDGMENT OF:
Cogswell SC DCJ

COUNSEL:
Mr Sundstrom for Mr Cutler

SOLICITORS:
Mr England for Director of Public Prosecutions

CATCHWORDS:
CRIMINAL LAW
sentence
possess firearm without being authorised
possess prohibited firearm without being authorised by licence or permit
possess prohibited weapon
form 1 offences
licensed firearms dealer
held personal firearms licence
firearms, knives, silencers, cross-bows found in multiple locations at offender's house
offender suffers from obsessive compulsive personaility disorder manifested as a hoarding disorder
history of depression with suicidal ideation
highly regarded in community
no criminal record
very good character
unlikely to reoffend
genuine remorse
prospects of rehabilitation very good
plea of guilty at earliest opportunity
no alternative but full-time imprisonment

LEGISLATION CITED:
Crimes (Sentencing Procedure) Act 1999 s 10, s 12, s 21A, s 32
Firearms Act 1996 s 7A(1), s 7(1)
Weapons Prohibition Act 1998 s 7(1)

CASES CITED:
R v Basedow [2010] NSWCCA 76
R v Cramp [2008] NSWCCA 40
R v Cromarty (2004) 144 A Crim R 515

TEXTS CITED:

DECISION:
For the first offence - fixed term of 12 months. For the second offence - non parole period of 12 months, balance of term of 6 months. For the third offence - fixed term of 9 months. For the fourth offence - non parole period of 9 months, balance of term of 3 years. For the fifth offence - non parole period of 12 months, balance of term of 2 years. For the sixth offence - non parole period of 12 months, balance of term 18 months. For the seventh offence - non parole period of 1 year, balance of term of 2 years. Effective overall sentence- 5 years.

JUDGMENT:

JUDGMENT

Mr Cutler you probably know the routine from Mr Morgan telling you. Judges have to give reasons for everything they do - most things - particularly sentences, so like I did with the last offender I have to give my reasons which will take half an hour or more, three-quarters of an hour or an hour and then at the end I announce my sentence. So sit down whilst that is happening.

I am sentencing a man who would not be regarded as a criminal but he has committed some very serious crimes. He has contributed significantly to the community where he lives. He is widely and justifiably respected within that community as a man of honesty and integrity. His stock in trade as a businessman was firearms. Unlike drugs they are not certain to cause harm in the community but they have an obvious potential to cause harm by accident or intent. Hence the law strictly regulates their possession.

Mr Cutler, who is the offender I am sentencing, was well aware of that law and complied in his business. But as a firearms dealer he suffered from some worrying mental disorders and these contributed…

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 Robert Richard Cutler

Details

AGLC: R v Robert Richard Cutler [2010] NSWDC 236
Case: [2010] NSWDC 236
Decision Date: 13 August 2010

CaseChat Overview and Summary

The defendant, Robert Richard Cutler, was charged with various offences under the Crimes (Firearms) Act 1997 (Qld) including possessing a firearm without authorisation, possessing a prohibited firearm without a licence or permit, and possessing a prohibited weapon. Cutler, who was a licensed firearms dealer and held a personal firearms licence, had firearms, knives, silencers, and crossbows found at multiple locations at his residence. The case came before the court following Cutler's plea of guilty at the earliest opportunity. Cutler suffers from obsessive compulsive personality disorder, manifested as a hoarding disorder, and has a history of depression with suicidal ideation. Despite these issues, Cutler is highly regarded in the community, has no criminal record, very good character, is unlikely to reoffend, and has expressed genuine remorse. The prospects of rehabilitation for Cutler are very good.

The legal issues the court was required to decide included the appropriate sentence for each offence, taking into account the nature and circumstances of the offences, the character of the offender, and the need for deterrence and rehabilitation. The court had to consider the cumulative effect of the offences and the impact on the community. The court also needed to assess whether a sentence of full-time imprisonment was necessary and whether any of the offences could be treated as Form 1 offences.

The court found that Cutler's offending was serious and warranted a sentence of full-time imprisonment. The court noted the significant number of firearms and weapons found at Cutler's residence, and the potential danger this posed to the community. The court also considered Cutler's good character and prospects for rehabilitation. After weighing all the factors, the court sentenced Cutler to a fixed term of 12 months for the first offence, a non-parole period of 12 months and a balance of term of 6 months for the second offence, a fixed term of 9 months for the third offence, a non-parole period of 9 months and a balance of term of 3 years for the fourth offence, a non-parole period of 12 months and a balance of term of 2 years for the fifth offence, a non-parole period of 12 months and a balance of term of 18 months for the sixth offence, and a non-parole period of 1 year and a balance of term of 2 years for the seventh offence. The effective overall sentence was 5 years.

The court ordered that Cutler be imprisoned for the specified terms and non-parole periods for each offence. The court also noted that the sentences should be served concurrently, with the longest non-parole period being the controlling period.

Orders

Orders of the court

For the first offence - fixed term of 12 months. For the second offence - non parole period of 12 months, balance of term of 6 months. For the third offence - fixed term of 9 months. For the fourth offence - non parole period of 9 months, balance of term of 3 years. For the fifth offence - non parole period of 12 months, balance of term of 2 years. For the sixth offence - non parole period of 12 months, balance of term 18 months. For the seventh offence - non parole period of 1 year, balance of term of 2 years. Effective overall sentence- 5 years.

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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