R v Smith [2023] NSWDC 88

District Court New South Wales

Medium Neutral Citation: R v Smith [2023] NSWDC 88 Hearing dates: 14 March 2023 Decision date: 29 March 2023 Jurisdiction: Criminal Before: P Conlon SC ADCJ Decision: In respect of Counts 10, 16, 23 and 29, without proceeding to conviction each matter is dismissed under S 10(1)(a) of the Crimes (Sentencing Procedure) Act In respect of Counts 1–5 and 6–9 – record convictions under S 10A of the Crimes (Sentencing Procedure) Act Catchwords: SENTENCE – Section 4(1) Firearms Act – firearms definition Legislation Cited: Weapons Prohibition Act 1998 (NSW) Firearms Act 1996 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Olbrich [1999] HCA 54 Category: Principal judgment Parties: The King Adam James Smith Representation: Counsel: N Marney – The Crown J Korn – The accused Solicitors: The Director of Public Prosecutions – The Crown Higgins Lawyers – The accused File Number(s): 2020/00349602

Judgment 1. On 7 February 2023 following trial by judge alone, the offender was found guilty of the following counts on Indictment. 2. Counts 6 and 8 – Possess Prohibited Weapon contrary to S 7(1) of the Weapons Prohibition Act – carrying a maximum penalty of 14 years imprisonment with a standard non-parole period of 5 years. 3. Counts 10, 16, 23 and 29 – each being charges of Possess more than 3 firearms at least one of which being a pistol or prohibited firearm contrary to S 51D(2) of the Firearms Act – carrying a maximum penalty of 20 years imprisonment with a standard non-parole period of 10 years imprisonment. 4. He now appears for sentence in respect of each of those matters. Additionally, he is to be sentenced in respect of the following matters to which he has pleaded guilty. 5. Counts 1–5, 7 and 9 – being charges of Possess Prohibited Weapon contrary to S 7(1) of the Weapons Prohibition Act – carrying a maximum penalty of 14 years imprisonment with a standard non-parole period of 5 years. 6. The offender is now 35 years of age. On 9 December 2020 police attended his home at 132 Hartley Valley Road, Vale of Clwydd. At that time, he was employed as a Corrective Services Officer. Police entered his home following the execution of a search warrant and indicated the search to be undertaken was in respect of "…a glock pistol, ammunition…cannisters of CS gas, nunchuks, handcuffs, steroids and…any other items unlawfully obtained that may be the property of Corrective Services NSW." 7. Ultimately there were no items unlawfully obtained from Corrective Services. However, during the search, police located all the items the subject of each charge on the Indictment. The video of that search was played to the Court during the trial. The offender was totally cooperative during that process.