R v Ingvarsson , Ingi and Dhillon, Khushwant [2008] NSWDC 142

New South Wales District Court

CITATION: R v Ingvarsson , Ingi and Dhillon, Khushwant [2008] NSWDC 142

JUDGMENT DATE: 18 April 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Possess prohibited weapons - 2years non parole period; 2 years balance of term; discharge firarm with disregard for safety of others - 2 years non parole period (partly cumulatiave) - balance of term 1year. see paragraphs 75 - 77.

CATCHWORDS: Criminal Law - Sentencing - possession prohibited weapon - discharge firearm with disregard for safety of others - public street near McDonalds - unregistered firearms - mid-range of seriousness - nature of criminality.

s. 32 Crimes (Sentencing Procedure) Act 1989 LEGISLATION CITED: Firearms Act 1996 s.93 G Crimes Act 1900

R v Rushby [1977] NSWLR 597 CASES CITED: R v Cuthbert [1967] 2 NSWR 329 R v Hayes [1984] 1 NSWLR 740

Regina PARTIES: Ingi Runar Ingvarsson Khushwant Sing Dhillion

FILE NUMBER(S): 2007/00014228; 2007/00012497

SOLICITORS: Mr C. Brown, Crown Mr C. Watson

JUDGMENT 1. Some of the entrances to the Royal Oak Hotel in North Parramatta open onto Ross Street. This is a small commercial area with a couple of single storeyed commercial premises and a couple of what might be described as multi-storeyed (but by that I do not mean large, perhaps two or three floors) buildings. From the photographs it is clear that on the night the offence I am about to refer to occurred, a number of motor vehicles were parked along the kerb, some opposite the pub, others further down in each direction.

2. To the left of the entrances across the street are the twin arches of an illuminated McDonald's sign. The McDonald's exit or entrance or both seems to connect to Ross Street. About 9pm on Thursday 12 April 2007 a number of police were having a meal break at that McDonald's. One, whether by accident or design, was a little later than the others. His account will become important. A number of gunshots in circumstances to which I shall shortly come rang out.