R v Roth Mony [2021] NSWDC 188

District Court New South Wales

Medium Neutral Citation: R v Roth Mony [2021] NSWDC 188 Hearing dates: 09 April 2021 Date of orders: 12 April 2021 Decision date: 12 April 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [49] onwards Catchwords: CRIMINAL LAW –– Firearm offences – Possess a prohibited firearm – Possess ammunition for a firearm without holding a licence or permit – Custody of one firearm part – Possess an unauthorised pistol CRIMINAL LAW –– Drug offences – Possession of testosterone, trenbolone, ephedrine and cannabis leaf SENTENCE –– Form 1 matters– Offender's reason for possessing the firearms being protection was not a mitigating factor – Mitigating factors – early plea –remorse – Aggravating factors – prior record of possessing unauthorised or prohibited firearms SENTENCE ––Where principles in R v Bugmy apply –Offender is assessed at Medium-High risk of reoffending – Where the court has found that the Offender has made positive progress by engaging with various programmes – Special circumstances found in relation to the Offender's young age, need for extended parole and risk of institutionalisation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 33, 21A Drugs Misuse and Trafficking Act 1985 (NSW), s 10 Firearms Act 1996 (NSW), ss 4, 7, 74 Cases Cited: Attorney-General's Application under Section 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Branko Balic, NSWCCA 29/9/97 Mack v R; Mack v R [2009] NSWCCA 216 R v AA (2006) NSWCCA 55 R v Bugmy (2013) 249 CLR 571 R v Kristic (2005) NSWCCA 391 Thalari v R [2009] NSWCCA 170 Category: Sentence Parties: Regina (the Crown) Roth Mony (the Offender) Representation: Counsel: Ms A Khandhar (the Crown) Mr S Dayeian (the Offender)