R v Brzozowski [2022] NSWDC 69

District Court New South Wales

Medium Neutral Citation: R v Brzozowski [2022] NSWDC 69 Hearing dates: 4, 10 February 2022 Date of orders: 10 February 2022 Decision date: 10 February 2022 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate sentence of imprisonment of 4 years and 8 months with a non-parole period of 3 years. Catchwords: CRIME — Firearm offences — Possess prohibited weapon Legislation Cited: Crimes (Sentencing Procedure) Act Drug Misuse and Trafficking Act 1985 (NSW) Explosives Act 2003 (NSW) Firearms Act 1996 (NSW) Police Act 1990 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Cahyadi v R [2007] NSWCCA 1 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Category: Sentence Parties: Regina (Crown)

Mark Brzozowski (Offender) Representation: Solicitors: Allan (ODPP) Konic (Offender) File Number(s): 2020/00344787

Judgment 1. Mark Brzozowski, 47 years of age, appears for sentence before Gosford District Court in relation to the following four offences: 1. Sequence 4, possess more than three unregistered firearms including a pistol or prohibited firearm, an offence pursuant to s 51D(2), Firearms Act. The maximum prescribed penalty for that offence is 20 years imprisonment. There is a prescribed standard non-parole period of ten years. When dealing with the offender for that offence, the Court is taking into account a further six matters on a Form 1 as follows. 1. Sequence 5, possess ammunition without holding licence permit or authority, an offence pursuant to s 65(3), Firearms Act. The maximum prescribed penalty for that offence is a fine of 50 penalty units 2. Sequence 10, acquire pistol parts subject to firearms prohibition order, pursuant to s 74(2), Firearms Act. The maximum prescribed penalty for that offence is 14 years on indictment and two years when dealt with summarily. 3. Sequence 11, acquire pistol part without authority to do so, pursuant to s 50AA(2), Firearms Act. The maximum prescribed penalty on indictment is 14 years, when dealt with summarily is two years imprisonment. 4. Sequence 28, acquire ammunition when subject to firearms prohibition order, pursuant to s 74(3), Firearms Act. The maximum prescribed penalty on indictment is five years, when dealt with summarily is two years. 5. Sequence 35, acquire firearm part when subject to firearms prohibition order, pursuant to s 74(2), Firearms Act. The maximum prescribed penalty is five years imprisonment on indictment and two years when dealt with summarily. 6. Sequence 36, acquire firearm part without authority to do so, pursuant to s 50AA(1), Firearms Act. The maximum prescribed penalty on indictment is five years, when dealt with summarily is two years. 1. Sequence 15, possess unauthorised pistol, pursuant to s 7(1), Firearms Act. The maximum prescribed penalty for that offence is 14 years imprisonment. There is a prescribed standard non-parole period of four years. When dealing with the offender for that offence the Court is taking into account a further three offences on a Form 1 being sequences 7, 9 and 30, each an offence of goods in custody. The maximum prescribed penalty for that offence when dealt with summarily is 12 months imprisonment. 2. Sequence 17, possess unauthorised pistol, pursuant to s 7(1), Firearms Act. The maximum prescribed penalty is 14 years imprisonment. There is a prescribed standard non-parole period of four years. 3. Sequence 31, possess or use a prohibited weapon without permit, pursuant to s 7(1), Weapons Prohibition Act. The maximum prescribed penalty for that offence is 14 years imprisonment. There is a prescribed standard non-parole period of five years. When dealing with the offender for that offence the Court is taking into account a further three offences on a Form 1 as follows: 1. Sequence 34, handle explosive precursor without authorising licence (relating to fireworks), an offence pursuant to s 6(1), Explosives Act. The maximum prescribed penalty for that offence is 12 months imprisonment. 2. Sequence 37, possess drug manufacture apparatus to produce prohibited drug, pursuant to s 24A(1)(b), Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence on indictment is ten years, when dealt with summarily it is two years imprisonment. 3. Sequence 38, possess precursor intending to use in manufacture of a prohibited drug (hypophosphorous acid) pursuant to s 24A(1)(a), Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence when dealt with on indictment is ten years and when dealt with summarily is two years. 1. The offender is also being sentenced for eight offences on a s 166 certificate being: Sequences 13, 20, 23, 26, 16 and 18 – acquire pistol subject to firearms prohibition order, offences pursuant to s 74(1), Firearms Act. The maximum prescribed penalty for those offences when dealt with on indictment is 14 years imprisonment, when dealt with summarily is two years imprisonment. 2. Sequence 9, a person not being a person officer, wear or possess a police uniform (police shirt), an offence pursuant to s 203(1), Police Act. The maximum prescribed penalty for that offence when dealt with summarily is two years imprisonment. 3. Sequence 32, use a prohibited weapon contrary to a prohibition order, pursuant to s 34(1), Weapons Prohibition Act. The maximum prescribed penalty on indictment is ten years, when dealt with summarily is two years. 4. All the items the subject of charges were found during the execution of a search warrant at the offender's house in Woy Woy on 20 November 2020. 5. The offender pleaded guilty on 15 October 2021 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 6. The offender has been in custody since his arrest on 4 December 2020. The sentence imposed today will be backdated to that date.