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R v Manuel [2020] WASCA 189

appeal against sentence — 2 counts of engaging in conduct that constitutes an offence under a firearm law in course of trade or commerce among States contrary to s 260.2(1) of Commonwealth Criminal Code — 1 count of intentionally sending quantity of firearms from NSW to WA in course of trade or commerce among States contrary to s 360.3(1) of Commonwealth Criminal Code — original sentence imposed 5 years’ and 6 months imprisonment with a 3 year non-parole period — nature and circumstances — s 16 A(2)(a) — offender acquired and disposed of 87 firearms — police have been unable to locate 82 firearms — firearms can be used repeatedly and remain lasting threat to public safety — handguns had large magazine capacity — most of handguns were semiautomatic which increases risk of harm — although offender was initially reluctant to become involved and it was necessary for offender to be encouraged and persuaded no unlawful pressure threats or intimidation were brought to bear on offender — offender became willingly involved because of financial inducements — offender was aware there was potential for considerable profit to be made and for firearms to be on sold unlawfully to people involved in criminal activity — offender deliberately abused licensing system and pretended to be legitimate firearms dealer — offending occurred over extended period — offender only ceased offending when authorities became aware of activities — victims of offence — s 16(A)(2)(d) — members of Australian community including police officers who may be adversely affected by unlawful use by criminals of 82 firearms that have been unable to be located were potentially impacted by offending — cooperation — s 16A(2)(h) — offender did not cooperate with police — when offender volunteered to make statement it contained significant number of lies — offender refused to disclose identity of persons to whom handguns had been distributed — physical condition — s 16A(2)(m) — offender suffers from number of medical conditions but it is not apparent that conditions cannot be adequately monitored and treated within a custodial setting — re-sentence — each original sentence was not merely at or towards lower end of sentencing outcome open on proper exercise of discretion — each individual sentence was substantially less than outcome that was properly open — leave to appeal granted — original sentence quashed — offender re-sentenced to 7 years’ and 6 months imprisonment with a 5 year non-parole period  
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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