R v Osman Elmasri [2013] NSWDC 177

District Court New South Wales

Medium Neutral Citation: R v Osman Elmasri [2013] NSWDC 177 Hearing dates: 22 August 2013 Decision date: 19 September 2013 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence imposed; for Orders see [58] Catchwords: Sentence; possession of firearm Legislation Cited: Firearms Act 1996 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Krstic [2005] NSWCCA 391 R v AA [2006] NSWCCA 55 Zreika v R [2012] NSWCCA 44 Pearce v The Queen (1998) 194 CLR 610 Category: Sentence Parties: The Crown Osman Elmasri - Offender Representation: C Reynolds - Crown Solicitor P Givorshner - Offender File Number(s): 13/78864 Publication restriction: Nil

Judgment

Introduction 1The offender is charged with an offence pursuant to s 7(1) of the Firearms Act 1996 in that on 14 March 2013 he was in possession of an unauthorised prohibited firearm, being a prohibited pistol, to wit, a .38 calibre Smith and Wesson revolver, not being authorised to do so by a license or permit. 2The offender has been in custody since the date of his arrest on 14 March 2013. He pleaded guilty to the offence and was committed for sentence on 22 May 2013. 3The matter came on for sentence hearing before me at Parramatta District Court on 22 August 2013. There was one matter to be dealt with on a Form 1, namely, one charge pursuant to s 65 (3) of the Firearms Act 1996 of possess ammunition without holding a license/permit/authority for firearm without holding a license or permit for a firearm which takes that ammunition. I have certified that that matter has been taken into account pursuant to s 35 of the Crimes (Sentencing Procedure) Act 1999 (the C(SP)A") - see exhibit B.