District Court
New South Wales
Medium Neutral Citation: R v Simpson [2020] NSWDC 569 Hearing dates: 18 June 2020, 10 July 2020 Decision date: 13 July 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 13 years with a non parole period of 8 years 6 months
Catchwords: CRIME – Firearms Act - firearms offences - unauthorised supply of pistols by Firearms’ dealer - 276 pistols supplied - seven offences
LICENSING — Firearms licensing — fraudulent disposal transactions - registration of firearms breaches — Dealers
SENTENCING — Relevant factors on sentence — two hundred and seventy six (276) pistols supplied - seven offences over seven years - Form 1 matters - early guilty plea - firearms dealer - breach of trust - duress claimed - family hardship claimed - application of principle - special circumstances – COVID-19
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Evidence Act 1995
Firearms Act 1996
Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Attorney General’s Application No. 1 (2002) 56 NSWLR 1
Barbaro v The Queen (2014) 253 CLR 58
Cahyadi v R [2007] NSWCCA 1 (2007) 168 A Crim R 41
Fox v Percy (2003) 214 CLR 118
Hili v The Queen (2010) 242 CLR 250
Ibrahimv R [2019] NSWCCA 188
Markarian v The Queen (2005) 228 CLR 357
MP v R [2009] NSWCCA
Muldrock (2011) 244 CLR 120
Olbrich v The Queen (1999) 199 CLR 270
Pearce v The Queen(1988) 194 CLR 610
Postiglone v The Queen (1997) 189 CLR 295
R v Ceissman [2004] NSWCCA 466
R v Edwards (1996) 90 A Crim R 510
R v Herring (1956) 73 WN (NSW) 203
R v Knight (2005) 155 A Crim R 252
R v MAK, R v MSK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704
R v Z (2005) 2 AC 467
Tepania v R [2018] NSWCCA 247
The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550
Category: Sentence Parties: Shane James Simpson (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr W Terracini SC and Mr D Grippi (for the offender)
Ms G Steedman, Crown Prosecutor
Mc Aneny Lawyers (for the offender)
File Number(s): 2019/00112563
SENTENCE
Firearms Act 1996 offences
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The purpose of the Firearms Act 1996 is clear; firearm possession is a privilege that is conditional on the overriding need to ensure public safety: s 3(1)(a). Any breach of the Firearms Act is regarded as serious. That seriousness must be reflected in the sentences imposed for major…
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- AGLC
- R v Simpson [2020] NSWDC 569
- Case
- [2020] NSWDC 569
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the defendant's actions constituted a breach of trust as a firearms dealer, and if any mitigating factors should reduce the severity of the sentence. The court had to weigh the seriousness of the offences, the number of firearms involved, and the defendant's culpability. The court also considered the defendant's early guilty plea and the impact of the COVID-19 pandemic on the proceedings.
In delivering the judgment, the court recognised the gravity of the offences, noting the significant breach of trust by the defendant as a firearms dealer. The court found that while the defendant had pleaded guilty early and claimed duress and family hardship, these factors did not sufficiently mitigate the serious nature of the crimes committed. The court sentenced the defendant to an aggregate term of 13 years imprisonment, with a non-parole period of 8 years and 6 months. This sentence reflected the seriousness of the offences and the need to protect the community from the unauthorised supply of firearms.
The court's decision underscored the importance of adhering to the provisions of the Firearms Act and the responsibilities of a firearms dealer. The court considered the defendant's claims but ultimately determined that they did not outweigh the need for a substantial sentence to reflect the seriousness of the breach of trust and the significant number of firearms involved. The sentence imposed aims to deter similar offences in the future and to uphold public safety.
Orders
Orders of the court
Aggregate sentence of 13 years with a non parole period of 8 years 6 months
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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