R v Regan Zia Yousiph [2024] NSWDC 541

District Court New South Wales

Medium Neutral Citation: R v Regan Zia Yousiph [2024] NSWDC 541 Hearing dates: 6 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Criminal Before: Buscombe DCJ Decision: The offender is sentenced to an aggregate term of imprisonment of 6 years and 8 months, with an aggregate non-parole period of 4 years and 5 months. Catchwords: SENTENCING - Crimes Act 1900 (NSW) s 93GA(1B) – Firing at dwelling-houses or buildings - 'Drive-by' shooting Legislation Cited: Crimes Act 1900 (NSW) s 93GA(1B) Crime (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW) s 7(1) Cases Cited: White v R [2016] NSWCCA 190 Bugmy v R (2013) 249 CLR 571 Moiler v R [2021] NSWCCA 73 Category: Sentence Parties: NSW Director of Public Prosecutions (Crown) Regan Yousiph (Offender) Representation: Counsel: Kay Marinos (Crown) Thomas Jones (Offender)

Solicitors: Jennifer Katrib (Crown) Andrew Sant (Offender) File Number(s): 2022/229882 Publication restriction: Non-publication order in place in relation to the actual names of the victim, SL, and SL's father and mother.

JUDGMENT

Introduction 1. The offender, Regan Yousiph, is to be sentenced having pleaded guilty to the following charges: that on 9 April 2022 in Canley Vale, he, in the course of an organised criminal activity, fired a firearm at a dwelling house located at an address which is particularised in the charge on the indictment, with reckless disregard for the safety of another person. That is an offence under s 93GA(1B) of the Crimes Act 1900 (NSW), and has a maximum penalty of 16 years imprisonment, and there is an applicable standard non-parole period of six years. I will refer to that offence in these remarks as the shooting offence. 2. The second charge is a charge that on 4 August 2022 at Smithfield, the offender possessed a pistol, namely a 9 x 19 millimetre black coloured pistol, not being authorised to do so by a licence. That is an offence under s 7(1) of the Firearms Act 1996 (NSW), and has a maximum penalty of 14 years imprisonment, and there is an applicable standard non-parole period of four years.