In the case of R v Paddison [2021] NSWDC 291, Mr. S Paddison faced sentencing for multiple offenses, primarily involving the unauthorized possession of prohibited firearms. This case, presided over by Abadee DCJ in the NSW District Court, is notable for its detailed consideration of the offender’s mental health, specifically Post Traumatic Stress Disorder (PTSD), and its impact on his culpability.

Key Offenses and Legal Context:

Mr. Paddison pled guilty to two separate sequences of offenses. The primary charges were for possessing a prohibited firearm without authority under s 7(1) of the Firearms Act 1996 (NSW), an offense carrying a maximum penalty of 14 years’ imprisonment and a standard non-parole period of 4 years. Additional offenses included drug possession and dealing with property proceeds of crime, detailed in a Form 1 document, highlighting a range of related criminal activities.

Considerations in Sentencing:

The court’s sentencing approach was multifaceted, taking into account the following key factors:

Objective Gravity of Offenses

The court acknowledged the severity of possessing prohibited firearms, emphasizing the legislative intent to control firearm possession and ensure community safety. The presence of ammunition and drugs near the firearms further heightened the seriousness of the offenses.

Culpability and Mental Health

Central to the case was the evaluation of Mr. Paddison’s PTSD, which arose from a violent home invasion five months prior to the offenses. The court considered how his mental health condition, including an ongoing paranoia of victimization and a skewed perception of self-protection, impacted his decision-making and overall culpability.

Subjective Factors

Mr. Paddison’s past good character, remorse, and low risk of re-offending were significant mitigating factors. Testimonials and psychological reports supported the view of his good character and positive contributions to society. His remorse was evident in his acknowledgment of the wrongful nature of his actions and his compliance with bail conditions.

Impact of PTSD

The court gave considerable weight to the effect of PTSD on Mr. Paddison’s actions, recognizing that his mental state at the time of the offenses influenced his judgment. This consideration played a crucial role in assessing his moral culpability and the appropriate punitive measures.

Sentencing Decision:

In balancing these factors, the court determined that the offenses warranted a custodial sentence. However, the court also considered the suitability of an Intensive Correction Order (ICO) with a home detention condition, given Mr. Paddison’s mental health and low re-offending risk. The court recognized the need for a sentence that accounted for the offender’s overall criminality, his mental health condition, and the community’s safety.

Consequently, Mr. Paddison was sentenced to an aggregate term of 2 years and 7 months’ imprisonment, commencing on July 2, 2021. However, the execution of this sentence was stayed pending a suitability assessment for home detention. The court requested a home detention suitability assessment report, adjourning the proceeding for further consideration of the ICO. On returning to the matter Mr Paddison was deemed suitable and eligible for home detention. 

In addition to the prison sentence, the court ordered the forfeiture of $5,700 found at Mr. Paddison’s residence to the state and the destruction of seized drugs. A backup offense was also withdrawn.


R v Paddison exemplifies the intricate challenges faced in criminal sentencing, particularly when mental health factors like PTSD significantly impact an offender’s culpability. The court’s nuanced approach in this case underlines the importance of considering mental health in the realm of criminal justice, emphasizing the need for sentences that balance public safety with the individual circumstances of the offender.

In light of this, individuals facing legal challenges similar to Mr. Paddison’s are encouraged to seek competent legal representation. Daniel Wakim Law Firm, located in Sydney, specializes in navigating the complexities of the criminal justice system, particularly in cases where mental health plays a pivotal role. With expertise and experience, we offer representation across  Sydney, including:

Downing Centre District Court
Parramatta District Court
Sydney West Trial Courts (Parramatta)
Central Criminal Court
Burwood Local Court
Manly Local Court
North Sydney Local Court
Waverley Local Court
Newtown Local Court
Hornsby Local Court
Whether you are dealing with charges related to firearms, drug offenses, or other criminal matters, having a skilled legal team like Daniel Wakim Law Firm can be crucial in ensuring a fair and just outcome. They provide tailored legal strategies that consider all aspects of your case, including any pertinent mental health considerations, similar to those seen in R v Paddison.

For those in need of legal assistance, particularly in complex cases where mental health factors are significant, reaching out to Daniel Wakim Law Firm could be a decisive step towards navigating the legal challenges and working towards a favorable resolution.