By Paul Gregoire and Ugur Nedim
The New South Wales police commissioner imposed a firearms prohibition order (FPO) upon Grafton man Samuel Lynch on 2 July 2020. An FPO restricts its subject from owning firearms or ammunition. But on being arrested on 26 July 2021, Lynch was found to have amassed multiple guns, guns parts and ammunition in breach of the FPO.
The most significant weapon Lynch had in his possession was a slightly modified .22 Long Rifle calibre RECK Single Action revolver, with capacity to hold six .22 calibre Long Rifle bullets. Lynch is understood to have carried this revolver concealed in a black NIKE sock, over a period when he had been convicted over dealing illicit drugs.
On 5 July 2021, Lynch was in contact with an associate, who asked about receiving a silencer, of which he said he did not have but could make himself. Lynch then told his criminal client that he was in possession of a .410 calibre shotgun, a 12 gauge shotgun and the revolver. The shotguns, he added, would go for $500 each. The offer was accepted but did not go ahead.
Lynch’s nephew was then socialising at a South Grafton residence five days later, when someone clipped him over the head and knocked him unconscious. The nephew then threatened to get a gun or his uncle and returned with Lynch who had the loaded revolver on him. This led to a 15-year-old boy being shot in the torso. The boy survived, and Lynch was later found not criminally responsible.
Following the gun discharging, Lynch fled. The injured boy’s brother pursued him carrying a hockey stick. But the injured boy then appeared, took hold of the hockey stick, caught up to Lynch and bashed him in the back of the head. Lynch turned, called the boy a “motherfucker”, fired at him and grazed the boy’s leg with the bullet. They boy’s brother then raised his hands and Lynch didn’t shoot.
A long list of convictions
Lynch stood trial facing seven firearms offences on two indictments, and he was eventually convicted on five counts, of which he pleaded guilty to, but not at the earliest possible opportunity. And as for the final two counts, the jury found him innocent.
The first crime that Lynch pleaded guilty to and was convicted over involved one count of supply firearm, a shotgun, contrary to subsection 51(2) of the Firearms Act 1996 (NSW). This crime can see a person sentenced to up to 5 years imprisonment.
The second count involved supply of a prohibited revolver, contrary to subsection 51(2A) of the Firearms Act. This crime carries a maximum penalty of 20 years gaol time, and it also has a standard non-parole period (SNPP) of 10 years.
An SNPP is a guidepost or reference point for a sentencing judge, when determining the minimum term an offender must spend behind bars before being eligible to apply for release on parole.
Lynch too pleaded guilty to possess prohibited revolver in contravention of a firearms prohibition order, contrary to subsection 74(1) of the Firearms Act. As the firearm involved in this offence was a prohibited revolver, the offence carries a maximum of 14 years prison time.
The fourth offence Lynch pleaded guilty to involved one count of fire firearm in a manner likely to endanger the safety of the victim, contrary to section 93G of the Crimes Act 1900 (NSW). This offence carries up to 10 years in prison.
The final crime that the defendant accepted guilt over was a count of possess prohibited revolver not authorised by permit, contrary to section 7 of the Firearms Act. This crime carries up to 14 years inside, as well as a standard non-parole period of 4 years.
Lynch pleaded guilty to the first three counts and the fifth on the first day of his trial, 29 January 2024, whilst he pleaded guilty to the fourth count at the close of the prosecution case on 12 February. The defendant also pleaded not guilty to two other counts on the first day of trial, of which the jury acquitted him.
The court heard that Lynch is a Bundjalung man from the Grafton area. NSW District Court Judge Robert Newlinds found the Bugmy principles had been enlivened due to the man’s deprived upbringing.
The Bugmy principles involve a defendant being found to have come from a background of profound deprivation, which can diminish moral culpability and lead to a reduced sentence.
Judge Newlinds then sentenced Lynch on 10 May 2024 to an aggregate sentence of 16 years prison, with non-parole set at 12 years. This sentence reflected a 5 percent sentencing discount applied to the indicative sentences for the first two counts, and 10 percent discounts applied to the third and the fifth counts sentences. These discounts reflected the utilitarian value of his early guilty pleas.
Grounds made out
Lynch appealed the severity of his sentence to the NSW Court of Criminal Appeal (NSWCCA) on 23 July 2025. He did so based on three grounds. The first was that the sentencing judge failed to apply a sentencing discount to the fourth count that Lynch was convicted over.
The second ground of appeal comprised of the sentencing judge having been in error when finding that the third, fourth and fifth counts were aggravated, or more serious, offences. And the final ground of appeal was that the aggregate sentence handed down was manifestly excessive.
The NSW sentencing discount regime came into effect in April 2018, following the framework’s passing the year prior. The new laws facilitated opportunities for defendants to issue early guilty pleas on committal, as well as setting out the sentencing discounts that align with the utilitarian value of issuing guilty pleas in respect of indictable offences.
Section 25D of the Crimes Sentencing Procedure Act 1999 (NSW) sets out the mandatory sentencing discounts that apply if pleas of guilt are entered prior to sentencing. If a defendant enters a guilty plea on committal in the NSW Local Court, they are warranted a 25 percent discount. Ten percent applies if pleading at start of trial, while 5 percent applies for a guilty plea entered at any other time.
The Crown conceded that a 5 percent discount should have been applied to the guilty plea entered in respect of the fourth count, the discharge offence, which was entered at the end of the prosecution putting their case. But NSWCCA Justice Belinda Rigg underscored that this was not setting a precedent in relation to missing discounts on indicative sentences requiring full resentencing.
The reason the lack of a 5 percent discount was found reason for resentencing was the weight the issue was given due to the court findings in respect of the second ground of appeal.
The sentencing judge found in relation to the second ground that the two counts involving the possession of a prohibited revolver should not have been found aggravated, under section 21A(2)(b) of the Crimes (Sentencing Procedure) Act, as Lynch was either not charged in relation to, acquitted over or dealt with by way of another charge on indictment in terms of cited aggravating behaviour.
So, ground 2 was made out along with ground 1.
Resentencing the defendant
On resentencing, Justice Rigg imposed the same indicative sentences for both supply offences. This was 2 years for each count, which reflected a 5 percent discount. For count 3, the possession in breach of an FPO offence, the sentence also remained the same at 7 years, which reflected a 10 percent discount.
After a 5 percent discount was imposed on count four, which had been neglected at trial, the new indicative sentence in respect of the firearm discharge offence was 6 years and 2 months, down from the original 8 years. Whilst for the final possess prohibited revolver offence, an original 10 year sentence was dropped to 4 years prison time, which involved a 10 percent sentencing discount.
So, on 19 December 2025, Justice Rigg quashed Lynch’s original sentence from May 2024, and resentenced him to a new aggregate sentence of 11 years imprisonment, with non-parole set at 7 years.
