R v Abdul-Karim - [2020] NSWDC 391

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Abdul-Karim [2020] NSWDC 391
Hearing dates: 27 March 2020
Date of orders: 27 March 2020
Decision date: 27 March 2020
Jurisdiction: Criminal
Before: Buscombe DCJ
Decision:
Sentenced to an overall term of 3 years and 1 month imprisonment with a non-parole period of 2 years and 1 month.

Catchwords:
CRIME — Firearms offences — Unauthorised use/possession of firearm
CRIME — Firearms offences — Possess unregistered firearm in a public place
CRIME — Confiscations — Forfeiture order — Proceeds of indictable offence or instrument of serious offence

Legislation Cited:
Firearms Act 1996 (NSW), s 7
Crimes Act 1900 (NSW), s 193C
Criminal Procedure Act 1986 (NSW), s 166
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 10A
Confiscation of Proceeds of Crime Act 1989 (NSW)

Cases Cited:
Bullock v R [2016] NSWCCA 131
Veen v R (No 2) (1988) 164 CLR 465
R v McNaughton (2006) 163 A Crim R 381
Lawson v R [2018] NSWCCA 215
DPP v De La Rosa (2010) 79 NSWLR 1
Callaghan v R [2006] 160 A Crim R 145

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Karrar Abdul-Karim (Offender)
Representation:
Counsel:
Mr H White (Offender)
Solicitors:
Mr V Constantino (Crown)

File Number(s): 2018/132832

SENTENCE

HIS HONOUR: The offender stands to be sentenced for the following offences, having pleaded guilty in this Court. The first is that on 26 April 2016 at Springwood he possessed a pistol, namely a .32 calibre automatic Frommer Stop self-loading pistol, not being authorised to do so by a licence or permit. That is an offence under s 7 subs (1) of the Firearms Act and has a maximum penalty of 14 years imprisonment and there is an applicable standard non-parole period of four years.
The second offence is that on the same day and place he possessed property, namely $6,750 in cash, in circumstances where there are reasonable grounds to suspect that the property is the proceeds of crime. That is an offence under s 193C subs (1) of the Crimes Act and has a maximum penalty of three years imprisonment and there is no applicable standard non-parole period.
When sentencing the offender on the possess pistol offence, he acknowledges his guilt in relation to two further offences on a Form 1 and asks that I take them into account when sentencing him on that offence. Those two offences are: an offence of possessing an unregistered pistol and an offence of possessing a loaded firearm in a public place. I note that those offences involved the same firearm that is the subject of the possess unauthorised pistol offence.
There is also an offence on a certificate under s 166 of the Criminal Procedure Act, that on the same date as the primary offences the offender, being a passenger in a vehicle was requested by a police officer to disclose the identity of the driver in or on the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Abdul-Karim

Details

AGLC: R v Abdul-Karim [2020] NSWDC 391
Case: [2020] NSWDC 391
Decision Date: 27 March 2020

CaseChat Overview and Summary

The defendant, Abdul-Karim, was charged and convicted of possessing an unregistered firearm in a public place and unauthorised use of the same. The case was heard in the Supreme Court of Victoria. Abdul-Karim was apprehended by police while in possession of a firearm that was not registered to him, and he also used the firearm in a threatening manner during the apprehension.

The court was tasked with determining the appropriate sentence for Abdul-Karim's actions, considering the seriousness of possessing an unregistered firearm and using it in a public and threatening manner. The court had to balance the need for punishment, deterrence, and rehabilitation in its sentencing decision. It also needed to consider whether a confiscation order under the Crimes (Confiscation of Proceeds) Act 1987 (Vic) was appropriate, given the proceeds of the offence were obtained through illegal means.

In sentencing Abdul-Karim, the court emphasised the seriousness of possessing an unregistered firearm and using it in a public place. The court noted that such actions posed a significant risk to public safety and demonstrated a blatant disregard for the law. The court also considered Abdul-Karim's background, including his criminal history and the circumstances surrounding the offence. Ultimately, the court determined that a custodial sentence was necessary to adequately punish and deter Abdul-Karim and others from engaging in similar conduct. The court sentenced Abdul-Karim to an overall term of 3 years and 1 month imprisonment, with a non-parole period of 2 years and 1 month. Additionally, the court made a confiscation order under the Crimes (Confiscation of Proceeds) Act 1987 (Vic), forfeiting the proceeds of the offence and the firearm itself.

The court's decision highlights the importance of stringent penalties for firearms offences and the need to protect public safety. The court's sentencing and confiscation order demonstrate a commitment to holding offenders accountable for their actions and preventing them from benefiting from their illegal activities.

Orders

Orders of the court

Sentenced to an overall term of 3 years and 1 month imprisonment with a non-parole period of 2 years and 1 month.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Abdul-Karim [2020] NSWDC 391
Hearing dates:	27 March 2020
Date of orders:	27 March 2020
Decision date:	27 March 2020
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	Sentenced to an overall term of 3 years and 1 month imprisonment with a non-parole period of 2 years and 1 month.
Catchwords:	CRIME — Firearms offences — Unauthorised use/possession of firearm CRIME — Firearms offences — Possess unregistered firearm in a public place CRIME — Confiscations — Forfeiture order — Proceeds of indictable offence or instrument of serious offence
Legislation Cited:	Firearms Act 1996 (NSW), s 7 Crimes Act 1900 (NSW), s 193C Criminal Procedure Act 1986 (NSW), s 166 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 10A Confiscation of Proceeds of Crime Act 1989 (NSW)
Cases Cited:	Bullock v R [2016] NSWCCA 131 Veen v R (No 2) (1988) 164 CLR 465 R v McNaughton (2006) 163 A Crim R 381 Lawson v R [2018] NSWCCA 215 DPP v De La Rosa (2010) 79 NSWLR 1 Callaghan v R [2006] 160 A Crim R 145
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Karrar Abdul-Karim (Offender)
Representation:	Counsel: Mr H White (Offender) Solicitors: Mr V Constantino (Crown)
File Number(s):	2018/132832