Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Taylor v R [2018] NSWCCA 50 Hearing dates: 19 March 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Before: Hoeben CJ at CL at [1]
Johnson J at [2]
Price J at [74]Decision: 1. Grant leave to appeal against sentence.
2. Appeal dismissed.Catchwords: CRIMINAL LAW – sentence appeal – possess more than three unregistered firearms including at least one prohibited firearm contrary to s.51D(2) Firearms Act 1996 – Form 1 offences of not keeping firearms safely and possession of ammunition without a licence- firearms in Applicant’s semi-remote rural property- previous criminal history for firearms offences – whether sentencing judge erred in approach to firearms offences being committed on semi-remote rural property – public safety considerations – error not demonstrated – whether sentence manifestly excessive – objective gravity of s.51D(2) offence – need for specific and general deterrence to be reflected in sentence – manifest excess not demonstrated – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Firearms Act 1996Cases Cited: Abbas v R (2013) 231 A Crim R 413; [2013] NSWCCA 115
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2
Basedow v R [2010] NSWCCA 76
MP v R [2009] NSWCCA 226
R v Brown [2006] NSWCCA 249
R v Cromarty (2004) 144 A Crim R 515; [2004] NSWCCA 54
R v Gino Stocco; R v Mark Stocco [2017] NSWSC 304
R v Lachlan (2015) 252 A Crim R 277; [2015] NSWCCA 178
R v Mahmud [2010] NSWCCA 219
R v Middlebrook [2004] NSWCCA 49
R v Naden [2013] NSWSC 759
R v Thalari (2009) 75 NSWLR 307; [2009] NSWCCA 170
R v Why [2017] NSWCCA 101
Yammine v R [2010] NSWCCA 123Texts Cited: --- Category: Principal judgment Parties: Kelly John Taylor (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Ms RJ Rodger (Applicant)
Mr F Veltro (Respondent)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2015/291128 Publication restriction: --- Decision under appeal
- Court or tribunal:
- Tamworth District Court
- Jurisdiction:
- ---
- Citation:
- ---
- Date of Decision:
- 11 August 2017
- Before:
- His Honour Judge McLennan SC
- File Number(s):
- 2015/291128
Judgment
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HOEBEN CJ AT CL: I agree with Johnson J and the order which he proposes.
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JOHNSON J: The Applicant, Kelly John Taylor, seeks leave to appeal with respect to a sentence imposed at the Tamworth District Court on 11 August 2017 for an offence of possessing more than three unregistered firearms, one being a prohibited firearm, without being authorised contrary to s.51D(2) Firearms Act 1996.
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Following a plea of guilty, the Applicant was sentenced by his Honour Judge McLennan SC to imprisonment for four years and six months comprising a non-parole period of two years and six months commencing on 15 March 2017 and expiring on 14…
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- AGLC
- Taylor v R [2018] NSWCCA 50
- Case
- [2018] NSWCCA 50
- Decision Date
CaseChat Overview and Summary
The court considered the legal issues regarding whether the sentencing judge erred in his approach to the firearms offences and whether the sentence was manifestly excessive. The court found that the primary judge did not err in considering the location of the offences and the public safety considerations. The court also found that the sentence was not manifestly excessive, taking into account the objective gravity of the offence, the need for specific and general deterrence, and the principles of parity. The court held that the sentence reflected the seriousness of the offending and was proportionate to the offence.
Accordingly, the court dismissed the appeal. The conviction and sentence of the primary judge were affirmed, and the sentence imposed on the applicant was upheld.
Orders
Orders of the court
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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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