R v Steven HIRMIZ [2024] NSWDC 532

District Court New South Wales

Medium Neutral Citation: R v Steven HIRMIZ [2024] NSWDC 532 Hearing dates: 6 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Criminal Before: Buscombe DCJ Decision: 1. In relation to sequence 1, the offender is sentenced to imprisonment of 7 years and 6 months, commencing on 4 August 2022 and expiring on 3 February 2030, with a non-parole period of 5 years, expiring on 3 August 2027. 2. In relation to sequence 3, the offender is sentenced to a community correction order for a period of 2 years, commencing on 20 September 2024 and expiring on 19 September 2026. Catchwords: SENTENCING - Crimes Act 1900 (NSW) s 93GA(1B) - Firing at dwelling-houses or buildings Legislation Cited: Crimes Act 1900 (NSW), s 93GA(1B) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5AA, 21A(2)(e) Cases Cited: White v R [2016] NSWCCA 190 Category: Sentence Parties: NSW Director of Public Prosecutions (Crown) Steven Hirmiz (Offender) Representation: Counsel: Kay Marinos (Crown) Derek Drewett (Offender)

Solicitors: Jennifer Katrib (Crown) James Drewett (Offender) File Number(s): 2022/00229506 Publication restriction: Non-publication order in place in relation to the actual names of the victim, SL, and SL's father and mother.

JUDGMENT 1. The offender Steven Hirmiz is to be sentenced having been found guilty by a jury after trial of the following offence: That on 9 April 2022 in Canley Vale in the course of an organised criminal activity, he fired a firearm at a dwelling house located at an address particularised in the count on the indictment of which the jury convicted him, with reckless disregard for the safety of another person. That is an offence under s 93GA(1B) of the Crimes Act 1900 (NSW). It has a maximum penalty of 16 years imprisonment and there is an applicable standard non‑parole period of six years imprisonment. I will refer to this offence in these remarks as the shooting offence. 2. The offender Mr Hirmiz is also to be sentenced having pleaded guilty to an offence that on 4 August 2022 at Abbotsbury he possessed a prohibited firearm, namely a replica pistol, not being authorised to do so by a permit or licence. That offence has a maximum penalty of 14 years imprisonment and there is an applicable standard non-parole period of four years.