R v AS and GB [2013] NSWDC 196

District Court New South Wales

Medium Neutral Citation: R v AS and GB [2013] NSWDC 196 Hearing dates: 3 May 2013, 17 May 2013 Decision date: 23 May 2013 Before: Letherbarrow SC DCJ Decision: AS: Sentenced to a total term of imprisonment of four and a half years and an effective nonparole period of 2 years and 3 months GB: Sentenced to a total term of imprisonment of three years and an effective nonparole period of 18 months Catchwords: CRIME - Firearms offences - role of offender - relevance of ex police officer - whether mitigating factor - objective seriousness post Muldrock Legislation Cited: Firearms Act 1996, s51(2A), s65(1) Weapons Prohibition Act 1998, s7(1) Crimes Act 1900, s347 Crimes (Sentencing Procedure) Act 1999, s44(2) Cases Cited: R v Tauok (1992) 65 ACrimR 387, R v Thompson and Houlton (2000) 49 NSWLR 383, Muldrock v The Queen (2011) 244 CLR 120, Markarian v The Queen (2005) 228 CLR 357, Pearce v The Queen (1998) 194 CLR 610, Category: Sentence Parties: Director of Public Prosecutions - Crown AS - Offender GB - Offender Representation: Director of Public Prosecutions AS: W. Terracini SC with M. Tanevski GB: A. Djemal Director of Public Prosecutions AS: GB: Zahr & Zahr Lawyers File Number(s): 2011/334708, 2011/334848 Publication restriction: Non publication and suppression order

Judgment

INTRODUCTION 1The offender, S, adheres to guilty pleas entered in the Burwood Local Court on 4 December last to two charges under the Firearms Act 1996 (the Act). The first is that, on 25 July 2011, contrary to s 51(2A) of the Act, he knowingly took part in the sale of a prohibited pistol that had not been arranged through a licensed firearms dealer or witnessed by an authorised police officer. The maximum penalty for such an offence is twenty years' imprisonment. The legislation also provides for a standard non-parole period of ten years' imprisonment. 2In relation to this offence S has requested that three matters be taken into account on a Form 1, being two charges of sell ammunition without seeing a buyer's licence/permit contrary to s 65(1) of the Act for which the maximum penalty is fifty penalty units and one charge of possess a prohibited weapon without a permit, namely, an extendable baton, contrary to s 7(1) of the Weapons Prohibition Act, for which the maximum penalty is imprisonment for fourteen years. 3The second charge to which S adheres to his plea is that on 1 September 2011, contrary to s 51(2A) of the Act, he was accessory before the fact to the sale of a prohibited pistol that had not been arranged through a licensed firearms dealer or witnessed by an authorised police officer. While charged as an accessory before the fact, it is trite this offence carries the same maximum penalty as the first charge, namely twenty years' imprisonment. Also, the legislation provides for the same standard non-parole of ten years: see s 347 of the Crimes Act. 4In relation to this second charge, S has requested that two matters be taken into account on a form 1, namely a further charge of selling ammunition without seeing a buyer's licence/permit contrary to s 65(1) of the Act and a further charge of being an accessory before the fact to the sale of a prohibited pistol not arranged through a licensed firearms dealer or witnessed by an authorised police officer contrary to s 51(2A) of the Act. 5The offender, B, also adheres to his plea and at the Burwood Local Court on 3 December last that on 1 September 2011, contrary to s 51(2A) of the Act, he did sell a prohibited pistol where such sale had not been arranged through a licensed firearms dealer or witnessed by an authorised police officer. As mentioned, the maximum penalty for such an offence is twenty years' imprisonment and the legislation provides a standard nonparole of ten years' imprisonment. 6In relation to this offence B has requested that two matters be taken into account on a form 1. The first is a further charge that contrary to s 51(2A) of the Act he did sell a prohibited pistol where such sale had not been arranged through a licensed firearms dealer or witness by an authorised police officer. The second is a charge of selling ammunition without seeing a buyer's licence/permit contrary to s 65(1) of the Act which carries the maximum penalty referred to above.