R v Mirad [2016] NSWDC 336

District Court New South Wales

Medium Neutral Citation: R v Mirad [2016] NSWDC 336 Hearing dates: 21 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: (1) The offender is convicted and sentenced to an overall term of imprisonment of three years. (2) The non-parole period to be served is two years, to commence from 24 March 2016; (3) The non-parole period expires on 23 March 2018, and thereafter, the offender is to be released on parole to serve an additional term of one year imprisonment from 24 March 2018 to 23 March 2019 under supervision of Community Corrections. Catchwords: CRIMINAL LAW – possess unauthorised pistol - possess ammunition – not keep firearm safely – use, supply, acquire or possess defaced firearm – rationale behind s 7(1) of the Firearms Act 1996 (NSW)

SENTENCE – aggravating factors – previous convictions – mitigating factors – likelihood of reoffending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 32, 21A(2), 21A(3), 44(2), 47(3) Crimes Act 1900 (NSW) s 61 Firearms Act 1996 (NSW) s 7(1) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 R v Mirad [2004] NSWSC 701 R v Najem [2008] NSWCCA 32 Thalari v R [2009] NSWCCA 170 Category: Sentence Parties: Regina (Crown) Mr Sandro Mirad (Offender) Representation: Counsel: Mr G Harrison (Offender)