R v Lizano [2021] NSWDC 54

District Court New South Wales

Medium Neutral Citation: R v Lizano [2021] NSWDC 54 Hearing dates: 14 December 2020 Date of orders: 22 January 2021 Decision date: 22 January 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate term of 6 years imprisonment with a non-parole period of 4 years Catchwords: CRIME — Firearms offences — Unauthorised use/possession of firearm CRIME — Domestic violence — Stalking or intimidation Legislation Cited: Firearms Act 1996 (NSW) s 61(2B) Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Drug Court Act 1998 (NSW) s 18B Category: Sentence Parties: Director of Public Prosecutions (Crown) Norman Lizano (Offender) Representation: Counsel: Ms Marsh (Crown) Mr Dikha (Offender)

Solicitors: File Number(s): 2019/345243 Publication restriction: Nil

SENTENCE

Introduction 1. The offender stands to be sentenced, having pleaded guilty to the following three offences. That on 30 October 2019 at The Ponds, he possessed a shortened firearm that was not a pistol, namely a shortened double barrel shotgun, without being authorised to do so by a permit. The second offence is that on the same date and place, he possessed a shortened firearm, namely a shortened .22 long rifle calibre Anschutz single shot bolt action rifle that was not a pistol, without being authorised to do so by a permit or licence. Both of those offences are offences under s 62(1B) of the Firearms Act and they have a maximum penalty of 14 years' imprisonment. The third offence is an offence that on the same date and at the same place, he intimidated Sarah Peebles with the intention of causing her to fear physical or mental harm. That is an offence under s 13 of the Crimes (Domestic and Personal Violence) Act and has a maximum penalty of five years' imprisonment and/or a fine equivalent to 50 penalty units. None of the offences have an applicable standard non-parole period.