R v Fazlilar [2018] NSWSC 1663

Supreme Court New South Wales

Medium Neutral Citation: R v Fazlilar [2018] NSWSC 1663 Hearing dates: 14 September 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Common Law - Criminal Before: N Adams J Decision: See paragraphs [90]-[92]. Catchwords: SENTENCING – remarks on sentence – murder contrary to s 18(1)(a) of the Crimes Act 1900 (NSW) – where offender intended to inflict grievous bodily harm by shooting the deceased in the leg – where offender on ice and other drugs – where a lack of planning and impulsivity was involved

SENTENCING – remarks on sentence – unauthorised possession of a firearm contrary to s 7 of the Firearms Act 1996 (NSW) – where pistol loaded – where offender had access to other ammunition – where possession of the pistol was not an isolated event – where offender coupled with offender's use of ice and other drugs – where pistol had been misplaced by the offender at a brothel/strip club Legislation Cited: Crimes Act 1900 (NSW), s 19A Crimes (High Risk Offenders) Act 2006 (NSW), s 25C Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 28, 47, Part 4, Div 1A, Table Firearms Act 1996 (NSW), s 7 Cases Cited: Ayshow v R [2011] NSWCCA 240 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Pearce v R (1998) 194 CLR 610; [1998] HCA 57 R v Atai [2011] NSWSC 1617 R v Bolt [2013] NSWSC 895 R v Clarke [2014] NSWSC 1746 R v Filippou [2013] NSWCCA 92 R v Isaacs (1997) 41 NSWLR 374 R v Perry [2016] NSWSC 1562 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Regina Hasan Fazlilar Representation: Counsel: Mr K Gilson (Crown) Mr M Austin (Offender)