R v Harley James Buhagiar [2017] NSWDC 339

District Court New South Wales

Medium Neutral Citation: R v Harley James Buhagiar [2017] NSWDC 339 Hearing dates: 5 October 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1) The offender is convicted. 2) I impose an aggregate sentence comprising a minimum term of 2 years and 6 months imprisonment to commence on 18 September 2016 and to expire on 17 March 2019. Thereafter the offender is to serve an additional term of 1 year and two months imprisonment commencing on 18 March 2019 and expiring on 17 May 2020 during which the offender shall be eligible to be released on parole. 3) The overall head term is 3 years and 8 months. Catchwords: CRIMINAL LAW – SENTENCE – unauthorised possession of prohibited firearm – supply of prohibited drug – methylamphetamine – cannabis leaf – custody of an offensive implement in a public space – Remorse – Special Circumstances – Totality and Accumulation – Prospects of Reoffending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) s 32 Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1) and 29 Firearms Act 1996 (NSW) s 7(1) Cases Cited: R v Najem [2008] NSWCCA 32 Thalari v R [2009] NSWCCA 170 Atkinson v R [2014] NSWCCA 262 R v Thomson and Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Borkowski [2009]NSWCCA 102 at [32] R v Qutami [2001]NSWCCA353;(2001) 127 A Crim R 369 Texts Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) per Spigelman CJ Category: Sentence Parties: Mr Harley James Buhagiar (Offender) Regina (Crown) Representation: Ms F Jowett (Offender) Solicitor for the Director of Public Prosecutions (Crown) File Number(s): 2016/279747