R v Dimarelis [2017] NSWSC 1616

Supreme Court New South Wales

Medium Neutral Citation: R v Dimarelis [2017] NSWSC 1616 Hearing dates: 9 November 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) For the offence on 13 November 2015, at Potts Point in the State of New South Wales, of giving possession of a firearm to Hassan Fazlilar, who did not possess a firearm licence or permit, contrary to s 50B of the Firearms Act 1906, sentence the offender to a fixed term of 12 months imprisonment commencing on 6 March 2016 and expiring on 5 March 2017. (2) For the offence of receiving, harbouring, maintaining and assisting Hassan Fazlilar between 14 November 2015 and 26 November 2015, knowing him to have committed the offence of murder, contrary to s 349(1) of the Crimes Act 1900, sentence the offender to a term of imprisonment of 2 years commencing on 6 June 2016 with a non-parole period of 1 year and 6 months expiring on 5 December 2017 and a balance of term of 6 months expiring on 5 June 2018.The first date upon which you will be entitled to be released on parole is 6 December 2017. Direct that the offender be released to parole at the expiration of the non-parole period. Catchwords: CRIMINAL LAW – sentence – accessory after the fact to murder – give possession of a firearm to a person not authorised to possess it – where offender has provided an induced statement and offered to assist in prosecution of co-offenders – where offender shows contrition and remorse – where firearms charge is not objectively serious – where accessory charge is well within lower end of range of objective seriousness – where offender is entitled to a discount for guilty pleas and offer of assistance to authorities Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Athos v R [2013] NSWCCA 205 MP v R [2009] NSWCCA 226 R v Dileski [2002] NSWCCA 345 R v Najem (2008) NSWSCCA 32 R v Purtill [2012] NSWSC 566 R v Sward [2014] NSWCCA 259 Regina v Yildiz (2006) 160 A Crim R 218; [2006] NSWCCA 97 Category: Sentence Parties: Regina (Crown) Elias Dimarelis (Offender) Representation: Counsel: M Tedeschi QC (Crown) I Lloyd QC (Offender)