R v Khoder El Ali [2017] NSWDC 46

District Court New South Wales

Medium Neutral Citation: R v Khoder El Ali [2017] NSWDC 46 Hearing dates: 4 November 2016 and 23 January 2017 Date of orders: 17 March 2017 Decision date: 17 March 2017 Jurisdiction: Criminal Before: Whitford SC DCJ Decision: Commonwealth offence - 8 years imprisonment with a non-parole period of 5 years and 6 months commencing 13 March 2012 and expiring 12 September 2017.

State offences - aggregate sentence of imprisonment consisting of a non-parole period of 12 years and 6 months commencing from 13 September 2012 and expiring on 12 March 2025 and a balance of term of 4 years and 3 months expiring on 12 June 2029. That is a total effective sentence of 17 years and three months and a total effective non-parole period of 13 years. The Offender will become eligible to be released to parole on 12 March 2025. Catchwords: CRIMINAL LAW – sentence – firearms – conspiracy to import – conspiracy to possess – knowingly take part in sale. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s10(1)(b), s10A, s98 Criminal Code (Cth), s11.5(1) Customs Act 1901 (Cth), s233BAB(5) Firearms Act 1996 (NSW), s51B(1), s51D(2), s70 Cases Cited: R v Brown [2006] NSWCCA 249 at [21]–[22] Diesing v R [2007] NSWCCA 326 at [53], [55] Kilic [2016] HCA 48 R v Lachlan [2015] NSWCCA 178 at [63], [68] R v Mahmud [2010] NSWCCA 219 at [71] Category: Sentence Parties: Regina (Crown) Khoder El Ali (Offender) Representation: Counsel: Mr P McGuire SC (Crown) Mr N Steel (Offender)