Extortion blackmail dating
V2’s son also received a series of threatening text messages and phone calls in the same period.
This conduct constituted both blackmail and stalking.
C and V were known to each other and V was in debt to C by some thousands of dollars.
Male, aged 29 at date of sentence; born in Bosnia and exposed to war; migrated to Australia aged 7; diploma in electronic engineering; successful business; remorse; history of hard work; assistance to others with work and in charitable ways; family support; young son; willing involvement with motorcycle club; no prior convictions; compliance with strict bail conditions; reasonably good rehabilitation prospects if association with motorcycle club ends; some remorse Sentencing standards for firearm offences – difficulty in finding comparable cases for discrete possession offence – offence is often charged with other serious offences; circumstances and seriousness of offences vary widely; and double punishment issues often arise because possession offence overlaps with a more serious offence Current sentencing practices for firearm offences – sentencing consistency not achieved by merely considering numerical range of sentences without considering offence and offender details for each sentence Offence gravity for firearm offences – factors leading to conclusion this was very serious example of very serious offence – firearm was associated with criminal activity; it was fully loaded; and criminal activity associated with firearm offence unconnected to other offences which offender fell to be sentenced for, avoiding issues of double punishment Sentencing purposes for firearms offences – case where gravity of offence made general deterrence particularly significant D was best friends with V’s father and had known V for her whole life. D then started asking V to send photos of herself in return for the money he was providing.
D had been in a relationship with V, and the relationship had ended but D remained in contact with V. CO claimed to be associated with bikie gangs and said that V owed D a debt. The following day, D and CO went to V’s address and received 0. The offenders stole V’s power tools and a wallet containing D’s driver's licence and bank cards, which D later used in an attempt to obtain credit facilities.
D was aware of what happened, and later texted V to tell him to pay the rest. V had created barricades trying to keep the offenders out, but the offenders then broke into the house, rifled through drawers, then attempted to break into where V was hiding.
Additionally, the original sentence for the blackmail offence (5y) was manifestly excessive, as it unduly focussed on extraneous matters and gave inadequate weight to mitigating factors.
D and his co-offender C, together with two other men, went to a motor repair factory run by V and his family.