Sentenced to an aggregate term of imprisonment of 4 years and 4 months, with non parole period of 2 years 7 months,
Catchwords:
CRIME – sentencing – possess 31 unregistered firearms including 7 prohibited firearms and one pistol not authorised by licence or permit – possess shortened firearm – weapons deliberately stockpiled in belief “in external threats” – general deterrence – strong subjective case - no previous offences – court not persuaded regarding issues of hardship to third parties or extra curial punishment
The Attorney Generals Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 otherwise known as the Guideline Judgment on Form matters reportd(2002) 56 NSWLR 146.
Solicitors: Mr A Thomas (for the Crown) Mr K Clowry (for the Offender)
File Number(s):
2019/240991
Publication restriction:
No
REMARKS ON SENTENCE
At the sentence hearing at the Wagga Wagga District Court on 9 July 2020 the offender pleaded guilty to two counts on an indictment (which was amended by consent in open court on 24 September 2020), namely that:
(He) on 2 August 2019 at Adelong in the State of New South Wales, did possess more than three firearms, namely thirty-one firearms that were not registered, seven of which were prohibited firearms and one being a pistol, in circumstances where Roger Weaver was not a person authorised by a licence or permit to possess those firearms, contrary to s 51D(2) of the Firearms Act, 1996, and further
(he) on 2 August…
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.
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Details
AGLC
R v Weaver [2020] NSWDC 556
Case
[2020] NSWDC 556
Decision Date
CaseChat Overview and Summary
In the case of R v Weaver, the defendant was convicted of possessing 31 unregistered firearms, including seven prohibited firearms and one pistol not authorised by licence or permit. The defendant also possessed a shortened firearm. The stockpile of weapons was deliberate and motivated by a belief in external threats. The case reached the court for sentencing, where the primary legal issue was to determine an appropriate punishment that would achieve general deterrence while also considering the defendant's lack of previous offences and the circumstances of the stockpile.
The court examined the strong subjective case for general deterrence, given the significant number and nature of the unregistered firearms. The defendant's lack of previous criminal record was noted, but the court found that this did not mitigate the seriousness of the offences. The argument regarding hardship to third parties or extra curial punishment did not persuade the court. The stockpile was deliberate, and the weapons were kept with the intention of being used against perceived external threats.
The court ultimately decided on a sentence that balanced the need for general deterrence with the defendant's lack of previous offences. The defendant was sentenced to an aggregate term of imprisonment of four years and four months, with a non-parole period of two years and seven months. This decision reflects the court's focus on the gravity of the offences and the need to deter similar conduct in the future.
Orders
Orders of the court
Sentenced to an aggregate term of imprisonment of 4 years and 4 months, with non parole period of 2 years 7 months,