R v Phan [2020] NSWDC 348

District Court New South Wales

Medium Neutral Citation: R v Phan [2020] NSWDC 348 Hearing dates: 2 April 2020; 8 April 2020 Decision date: 08 April 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Indicative sentences of imprisonment: SEQ 1: 18 months SEQ 3 + Form 1 offences (SEQ 2 & 4): 3 years 6 months with NPP of 21 months SEQ 5: 3 years Aggregate sentence: Special circumstances found – 1st time in custody, need for drug rehabilitation. Sentenced to a term of imprisonment of 4 years comprising a NPP of 2 years to commence on 3 July 2019 and to expire on 2 July 2021, and a balance of term of 2 years to commence on 3 July 2021 and to expire on 2 July 2023. I order the destruction of the firearm. Catchwords: CRIME – Sentence - possess unregistered firearm possess prohibited pistol - possess loaded firearm in a public place – Form 1 offences - possess ammunition without licence or permit - possess prohibited weapon, being a detachable box magazine – subjective matters – aggregate sentence Legislation Cited: Crimes Act 1900 Firearms Act 1996 Weapons Prohibition Act 1998 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Lamis v R [2016] NSWCCA 274 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Sumrein v R [2019] NSWCCA 83 Thalari v R [2009] NSWCCA 170 Category: Sentence Parties: Regina Phan, Phillip Representation: Counsel: Mr P Boulten SC