NSW Police v FA [2017] NSWLC 6

Local Court New South Wales

Medium Neutral Citation: NSW Police v FA [2017] NSWLC 6 Hearing dates: 24 November 2016 Decision date: 24 January 2017 Jurisdiction: Criminal Before: DCM C O'Brien Decision: 1. On each of sequences 10, 12, and 14, the defendant is convicted: (i) Re sequence 10 – he is sentenced to a term of imprisonment consisting of a non-parole period of 18 months and a total term of 2 years, both to date from the 31 December 2016. He will be eligible for release subject to supervision on parole on 30 June 2018. (ii) Re sequence 12 – pursuant to s 10A there is no further penalty. I order that the drug is to be destroyed (iii) Re sequence 14 – he is sentenced to a fixed term of imprisonment of 10 months commencing on 31 December 2016 and expiring on 30 October 2017. 2. Sequences 8, 11 and 13 have been taken into account on a Form 1 in the sentence imposed for sequence 10 pursuant to s 32, Crimes (Sentencing Procedure) Act 1999. Catchwords: SENTENCE – possess unauthorised firearm – possess prohibited weapons – possess prohibited drug – Form 1 offences – general principles regarding sentencing for firearms and prohibited weapons offences - discounts for plea of guilty and assistance to authorities - weight not given to self-serving and untested out of court statements - suitable for intensive correction order but order not appropriate - purposes of sentencing - need for general and specific deterrence - no finding of special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 3A, 5, 9, 10A, 21A, 23, 32 Drug Misuse and Trafficking Act 1985, s 10 Firearms Act 1996, ss 7, 7A, 39, 65 Weapons Prohibition Act 1998, s 7 Cases Cited: AK v R [2016] NSWCCA 238 Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 R v A2; R v Magennis; R v Vaziri (No. 24) [2016] NSWSC 737 R v AA [2006] NSWCCA 55 R v Borkowski (2009) 195 A Crim R 1 R v Cromarty [2004] NSWCCA 54: (2004) 144 A Crim R 515 R v Doan (2000) 50 NSWLR 115 R v Egan [2016] NSWCCA 285 R v Hamze [2005] NSWSC 136 R v Krstic [2005] NSWCCA 391 R v Najem [2008] NSWCCA 32 R v Qutami [2001] NSWCCA 353 R v Tolley [2004] NSWCCA 165 Rios v R [2012] NSWCCA 8 Thalari v R [2009] 75 NSWLR 307 Category: Sentence Parties: NSW Police (prosecution) FA (the defendant) Representation: Sgt Drake (police prosecutor, NSW Police)