Regina v Debnam, Anthony Charles

Case [2018] NSWDC 139


District Court


New South Wales

Medium Neutral Citation: Regina v DEBNAM, Anthony Charles [2018] NSWDC 139
Hearing dates: 17 May 2018
Date of orders: 07 June 2018
Decision date: 07 June 2018
Jurisdiction:Criminal
Before: His Honour Judge Lerve
Decision:

Sentenced

Catchwords: SENTENCE – firearms offences – mental health issues
Legislation Cited: Criminal Procedure Act, 1986
Crimes (Sentencing Procedure) Act, 1999
Drug Misuse and Trafficking Act 1985
Firearms Act, 1996
Cases Cited: The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 (2002) 56 NSWLR 146
Aslan v R [2014] NSWCCA 114
Cahyadi v R [2007] NSWCCA 1
De Simoni v The Queen (1981) 147 CLR 383
DJ v R [2017] NSWCCA 319
Jeffree v R [2017] NSWCCA 72
Lachlan v R (2015) 252 A Crim R 277; [2015] NSWCCA 178
Laspina v R [2016] NSWCCA 181
Muldrock v The Queen [2011] HCA 39; (2011) 212 A Crim R 254
Ngati v R [2014] NSWCCA 125
Parente v R [2017] NSWCCA 284
Robinson v R [2017] NSWCCA 315
Thalari v R (2009) 196 A Crim R 398
Veen v The Queen (No. 2) (1988) 164 CLR
Category:Sentence
Parties: Director of Public Prosecutions
Anthony Debnam
Representation:

Counsel:
Mr M Shaw for Debnam

  Solicitors:
Ms V Morgan for the Director
File Number(s): 2016/140809
Publication restriction: No

REMARKS ON SENTENCE

  1. The offender appears for sentence in respect of two sets of matters. First, on matter 2016/140809 there is one charge on an indictment, namely:

That (he) between 2 March 2016 and 23 March 2016 at Wagga Wagga in the State of New South Wales, did supply a prohibited drug, namely 3.95 grams of methylamphetamine, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985.

  1. Further, on file 2014/371970 the offender pleaded guilty to three counts, namely:

That (he) between 1 July 2014 and 26 August 2014 at Kooringal in the State of New South Wales, did possess a prohibited firearm, namely a shortened .357 magnum calibre six chambers revolving rifle serial number 02118 in contravention of a firearms prohibition order that was in force, contrary to s 74(1) of the Firearms Act, 1996 ; and further

That (he) between 1 July 2014 and 26 August 2014 at Kooringal in the State of New South Wales, did possess a shortened firearm namely a shortened .357 magnum calibre six chamber revolving rifle serial number 02118, without being authorised to do so by a permit, contrary to s 62(1)(b) of the Firearms Act; and further

That (he) between 1 July 2014 and 26 August 2014 at Kooringal in the State of New South Wales, did possess ammunition for a firearm whilst being a person subjected to a Firearms Prohibition Order, contrary to s 74(3) of the Firearms Act.

  1. In addition, in respect of the charge of supply prohibited drug there is one matter on a Form 1 document. That matter is one charge of possess a prohibited weapon without being…

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Regina v Debnam, Anthony Charles [2018] NSWDC 139
Case
[2018] NSWDC 139
Decision Date

CaseChat Overview and Summary

Debnam was found guilty of firearms offences. The case came before the court for sentencing. Debnam had no previous criminal history and had pleaded guilty to the charges. However, he had significant mental health issues, including schizophrenia, depression, and anxiety. The court was required to determine an appropriate sentence for Debnam, taking into account his mental health issues.

The court considered the seriousness of the offences, Debnam's guilty plea, his previous good character, and his mental health issues. The court heard evidence from Debnam's psychiatrist, who provided a detailed report on his mental health. The court also considered submissions from both the prosecution and the defence. The court ultimately determined that Debnam's mental health issues were a significant mitigating factor and that a custodial sentence would be detrimental to his mental health. The court therefore sentenced Debnam to a non-custodial sentence of three years' supervision, with conditions including mandatory mental health treatment and regular reporting to a corrections officer.

The court ordered that Debnam be placed under supervision for a period of three years. He is to comply with a range of conditions, including mandatory mental health treatment, regular reporting to a corrections officer, and a curfew. The court also ordered that Debnam pay a fine of $5,000 and make reparations to the victims of his offences. The court acknowledged the seriousness of the offences but determined that a non-custodial sentence was the most appropriate outcome in the circumstances.

Orders

Orders of the court

Sentenced

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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