Charged with Six Firearms Offences Whilst Serving an ICO; Minimal Aggregate Sentence Imposed

GC was charged with six firearms-related offences, namely ‘Possess unregistered firearm pistol’, contrary to s 36(1) Firearms Act 1996, ‘Not keep firearm safely not prohibited firearm/pistol’, contrary to s 39(1)(A) Firearms Act 1996, ‘Possess ammunition w/o holding licence/permit/authority’, contrary to s 65(3) Firearms Act 1996, ‘Acquire etc pistol subject to firearms prohibition order’, contrary to s 74(1) Firearms Act 1996, ‘Acquire etc ammunition subject to firearms prohibition order’, contrary to s 74(3) Firearms Act 1996 and ‘Firearm etc found at premises subject to prohibition order’, contrary to s 74(6) Firearms Act 1996. GC was serving an Intensive Corrections Order (ICO) for unrelated offences at the time of his arrest. He has a substantial criminal history including previous firearms charges.

Chris Cole entered negotiations with the Prosecution proposing a number of offences be withdrawn or placed on a Form 1, in exchange for a plea of guilty to the remaining offences. Ultimately, the Crown agreed to commit the matter for Sentence on just two offences, namely ‘Possess pistol subject to Firearms Prohibition Order’ and ‘Possess ammunition subject to Firearms Prohibition Order’. The sequence of ‘Not keep firearm safely’ was placed on a Form 1 and the remaining charges were withdrawn. GC was eligible for a 25% discount on Sentence for his early appropriate guilty plea (EAGP). 

Chris Cole briefed Counsel Mark Davies to appear at District Court Sentence. GC lives with severe cardiac illness and suffered a stroke not long before his arrest. A sentence bundle was prepared comprising of medical reports and documents, an affidavit, character references and other written materials in support of GC’s extenuating circumstances and mitigating factors.      

James Castillo appeared with Mark Davies of Counsel at District Court Sentence. The sentence bundle was tendered. Further tendered was an excerpt from the Bugmy Bar Book outlining the COVID-19 risks and impacts on prisoners. Counsel also prepared written submissions and made further oral submissions on GC’s behalf. GC was called to give evidence.

GC was then sentenced on the offences of ‘Possess pistol subject to Firearms Prohibition Order’, ‘Possess ammunition subject to Firearms Prohibition Order’ and ‘Not keep firearm safely’ (related offence). Ultimately, Her Honour found mitigating circumstances in GC’s favour and sentenced him to an aggregate sentence of 3 years with a non-parole period of 1 year and 8 months, backdated to include time already spent in custody.

This is an outstanding outcome for GC.

Aggregate Sentence on Lengthy List of Indictable Charges – Attempt Murder; Break & Enter

PB was charged with offences relating to series of break and enter incidents. Namely, 2 counts of ‘Aggravated break and enter and commit serious indictable offence’, contrary to s 112(2) Crimes Act 1900, ‘Attempt to murder’, contrary to s 18(1)(a) Crimes Act 1900, ‘Specially aggravated break and enter and commit serious indictable offence’ (inflict grievous bodily harm), contrary to s 112(3) Crimes Act 1900, 4 counts of ‘Deal with property proceeds of crime < $100000’, contrary to s 193C(2) Crimes Act 1900, 3 counts of ‘Break and Enter dwelling-house or building commit serious indictable offence’ (destroy etc property), contrary to s 112(1)(a) Crimes Act 1900, ‘Aggravated enter dwelling with intent’ (knowing people there), contrary to s 111(2) Crimes Act 1900, ‘Enter dwelling with intent’, contrary to s 111(1) Crimes Act 1900 and ‘Larceny’, contrary to s 117 Crimes Act 1900. These are very serious charges resulting in lengthy terms of imprisonment if sentenced at the top end. PB has a substantial criminal history and had previously spent a number of years in custody for similar offences.

Chris Cole and James Castillo acted for PB in these matters, instructing David Carroll as Counsel.  

Chris Cole entered negotiations with the Prosecution to amend the Agreed Facts. A number of the charges were Certified for District Court and remaining sequences were withdrawn.

Following further negotiations, the matter proceeded to Committal. Pleas of guilty were entered on PB’s behalf to ‘Specially aggravated break and enter and commit serious indictable offence, namely larceny in circumstances of special aggravation, namely, did intentionally inflict grievous bodily harm’, a rolled up sequence (inclusive of 3 sequences), ‘Deal with property proceeds of crime less than $1,000,000.00’, and ‘Break and enter dwelling house commit serious indictable offence’. Further sequences ‘Enter dwelling house with intent to commit larceny’ and ‘Larceny’ were placed on a Form 1. The matter then proceeded to Sentence.

James Castillo appeared with David Carroll for PB’s Sentence at the District Court. The Crown Sentence bundle was tendered, and the Crown made Sentence submissions regarding PB’s risk of re-offending, future dangerousness and the protection of the community. David Carroll then made submissions on PB’s behalf. Mr Carroll’s submissions addressed the timing of plea and utilitarian discount on sentence, the objective seriousness of the offences, the subjective circumstances and mitigating features and special circumstances, referring to materials in the Defence Sentence bundle.   

His Honour considered both Crown and Defence submissions then proceeded to Judgment. Ultimately, His Honour sentenced PB to an aggregate sentence of 10 years 6 months imprisonment, with a non-parole period of 7 years.

This is a very pleasing result for PB considering the objective seriousness of these offences and his prior criminal history.

Charged with 9 Counts ‘Break, Enter and Steal’ and 1 Count ‘Aggravated Break, Enter and Steal’, Minimal Aggregate Sentence Imposed

DK was charged with 9 counts of ‘Break, Enter and Steal’, contrary to s 112(A) Crimes Act 1900 and one count of ‘Aggravated Break, Enter and Steal’, contrary to s 112(2) Crimes Act 1900. The offences took place between 2013 – 2017.

An offence contrary to s 112(A) Crimes Act 1900 carries a maximum penalty of 14 years imprisonment. An offence contrary to s 112(2) Crimes Act 1900 carries a maximum penalty of 20 years imprisonment with a standard non-parole period of 5 years.  

Chris briefed Counsel Daniel Pace to appear in DK’s sentence proceedings. Chris Cole and Daniel Pace appeared with DK at the District Court for part-heard Sentence of all 10 offences. Subjective materials and written submissions were tendered on his behalf. After considering all evidence and submissions, His Honour ultimately imposed an aggregate sentence of 3 years imprisonment with a non-parole period of 2 years, backdated to include time already spent in custody.

This is a great result for DK, particularly considering maximum terms of imprisonment for these offences. 

5 Convictions and a Breach, Aggregate Sentence Imposed

MT pleaded guilty to five charges namely, 2x ‘Stalk/Intimidate with intent to cause fear’ contrary to section 13 Crimes (Domestic and Personal Violence) Act 2007, ‘Destroy/damage property by fire with intent to injure’ contrary to section 196(1)(b) Crimes Act 1900, ‘Escape lawful custody’ contrary to section 310D Crimes Act 1900 and, ‘Contravene AVO’ contrary to section 14 Crimes (Domestic and Personal Violence) Act 2007. On top of that, MT breached a Community Corrections Order for a prior offence.

Chris Cole represented MT in mitigation plea. Her Honour determined that all of the offences fell at the middle range of objective seriousness. She found MT’s prospects of rehabilitation as limited. The matter was not elected to the District Court. Each offence carries the maximum penalty of 2 years imprisonment. The maximum aggregate sentence the Local Court impose is 5 years. Taking early plea into consideration, Her Honour gave MT 25% discount on his sentence. Her Honour imposed indicative sentences for each of the offence and imposed an aggregate sentence for all of them. Ultimately, MT received an aggregate sentence of 3 years and 4 months.

Given all the circumstances and the nature of the charges, MT received a good result.