R v Noud [2022] NSWDC 395

District Court New South Wales

Medium Neutral Citation: R v Noud [2022] NSWDC 395 Hearing dates: 21/3/22-28/3/22, 5/8/22, 2/9/22 Date of orders: 2/9/22 Decision date: 02 September 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 3 years 4 months with a NPP of 1 year 8 months (15/6/22-14/2/24). I find special circumstances. The indicative sentences are: Count 4 – 3 years Count 6 – 7 months with a NPP of 3.5 months (25 percent discount taken into account). Count 7 – 7 months with a NPP of 3.5 months (25 percent discount taken into account). Seq 1 on s166 – 15 months Seq 4 on s166 – 2 years Seq 5 on s166 – 2 months I decline to impose an ADVO. Catchwords: Crime – Sentence – Possess unauthorised prohibited firearm – Possess unauthorised prohibited weapon - Assault Legislation Cited: Firearms Act 1996 Weapons Prohibition Act 1998 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: The Queen v De Simoni (1981) 147 CLR 383 Bugmy v The Queen [2013] HCA 37 R v Lachlan [2015] NSWCCA 178 Category: Sentence Parties: NSW DPP – Crown Michael Noud - Offender Representation: Ms E Winborne / Ms R Winder for Crown Mr P Krisenthal for Offender File Number(s): 2018/296121 Publication restriction: Nil