R v Foster [2020] NSWDC 660

District Court New South Wales

Medium Neutral Citation: R v Foster [2020] NSWDC 660 Hearing dates: 14 October 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [30] Catchwords: CRIME — Firearms offences — Use/Possess prohibited pistol/firearm CRIME — Drug offences — Supply prohibited drug Legislation Cited: Weapons Prohibition Act 1998 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW) Cases Cited: Muldrock v The Queen [2011] HCA 39 R v Tolley [2004] NSWCCA 165 R v Najem [2008] NSWCCA 32 Darestani v R [2019] NSWCCA 248 Taha v R [2019] NSWCCA 240 Cahyadi v R [2007] NSWCCA 1 R v MA [2004] NSWCCA 92 Texts Cited: Nil Category: Sentence Parties: Regina (Crown) Foster (Accused) Representation: Solicitors: Stephenson Solicitor for Department of Public Prosecutions NSW James Solicitor for the Accused. File Number(s): 2019/00357837 Publication restriction: Unrestricted

Judgment

Introduction 1. The offender was born on 4 August 1981 and so is presently 39 years old. The date of the offending is 13 November 2019 so that the offender was 38 years old at the time of the offending. The offender has been in custody since his arrest on 13 November 2019. He was at that time on parole in respect of firearms offences and an offence of drug supply, which also describes the offences he is being sentenced for now.