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District Court 11 April 2025

R v Tillman

[2025] NSWDC 127

Firearms & weapons
CRIMINAL LAW SENTENCING FIREARMS OFFENCES SIGNIFICANCE OF GOOD CHARACTER

Citation: R v Tillman [2025] NSWDC 127
Court: District Court of New South Wales
Date: 11 April 2025
Judge: Abadee DCJ

Background

The offender, a middle-aged man, was charged under s 51D(2) of the Firearms Act 1996 (NSW) with possessing more than three unregistered firearms, at least one of which was a prohibited firearm. Police discovered four firearms concealed in a hessian bag beneath a camping swag in a caravan parked at residential premises in Marulan, following a domestic violence report made by the offender's partner in October 2023.

The four firearms included a Gevarm self-loading rimfire rifle (classified as a prohibited firearm), a Ruger M77 rifle, a Stirling rifle, and a double-barrel shotgun. The offender had previously held a firearms licence, which was revoked in December 2018. He had not held any licence or permit at the time of the offending.

The offender pleaded guilty on 17 March 2025. The Crown accepted the plea in full satisfaction of his liability, and sentencing proceeded on agreed facts, supplemented by psychological evidence and the offender's own testimony.

  • What is the objective seriousness of the offending under s 51D(2) of the Firearms Act 1996 (NSW), which carries a maximum of 20 years' imprisonment and a standard non-parole period of 10 years?
  • What weight should be given to the offender's guilty plea, given it was entered late and earlier legal advice may have affected its timing?
  • What significance attaches to the offender's claimed good character, and how does his expressed attitude toward firearms affect that assessment?
  • Whether special circumstances existed to justify a departure from the standard ratio between the non-parole period and the total sentence.

Decision

Objective seriousness. The court assessed the offending as being in the mid-range of objective seriousness. The presence of a prohibited firearm (the self-loading Gevarm) was a defining feature of the aggravated offence. Although three of the four firearms were not in full working order, each remained capable of propelling a projectile by explosive force. The court found nothing in the offender's various explanations that materially reduced his culpability. His stated reason for retaining the firearms (rural use and hunting) was not accepted as mitigating, given that his licence had been revoked years earlier and he was aware of the legal restrictions.

Guilty plea and discount. The court acknowledged the guilty plea and applied a discount, though the plea came late. Abadee DCJ considered the question of whether earlier legal advice had delayed the plea, but found the point was not developed sufficiently in submissions to carry meaningful weight. The discount was reflected in the final sentence.

Good character and attitude. The court gave limited weight to the offender's claimed good character. His expressed attitudes toward firearm ownership were described as "thoroughly out of kilter with community standards," and he appeared to treat legal restrictions as not applying to him. His criminal history, which included personal violence, drug, and domestic violence offences committed around the same time as the firearms offending, reinforced the court's concerns about community safety. The court found his rehabilitation prospects were unfavourable.

Special circumstances. The court found special circumstances existed, primarily by reason of the offender's health condition (hypertension), which would make full-time custody particularly difficult. This finding justified a non-parole period shorter than the statutory default ratio. The court also noted this was the offender's first period of incarceration.

Orders Made

  • The offender was convicted of possessing more than three firearms including a prohibited firearm, contrary to s 51D(2) of the Firearms Act 1996 (NSW).
  • Sentenced to imprisonment for 2 years and 1 month, commencing 11 April 2025 and expiring 10 May 2027.
  • Non-parole period of 1 year and 4 months, expiring 10 August 2026, after which the offender is eligible for release on parole.

Key Takeaways

  • Under s 51D(2) of the Firearms Act 1996 (NSW), possession of more than three unregistered firearms where at least one is a prohibited firearm carries a maximum of 20 years' imprisonment and a standard non-parole period of 10 years; the District Court placed this conduct in the mid-range of seriousness.
  • An offender's expressed attitudes toward firearms, including a sense of personal entitlement to possess them despite a revoked licence, can diminish the weight otherwise afforded to good character at sentencing.
  • Where an offender's various accounts to different people are internally inconsistent, the court may treat those inconsistencies as reflecting adversely on credibility and decline to allow the explanations to mitigate culpability.
  • A late guilty plea may still attract a discount, but the proposition that earlier legal advice caused the delay requires proper evidentiary development in submissions before it will carry weight.
  • Special circumstances justifying a reduced non-parole period ratio can be grounded in an offender's medical condition, particularly where full-time custody would bear harder on that person than on a person in good health.

Legislation and Cases Referenced

Legislation
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 25D
- Firearms Act 1996 (NSW), s 51D; Schedule 1, cl 2

Cases
- Athos v R (2013) 83 NSWLR 224
- Doyle v R [2022] NSWCCA 81
- Gurin v R [2022] NSWCCA 193
- Mack v R [2009] NSWCCA 216
- R v Mahmud [2010] NSWCCA 219
- R v Quatami (2001) 127 A Crim R 369
- Taylor v R [2018] NSWCCA 50