District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Abdul ZAHED [2012] NSWDC 151 Hearing dates: 03/02/12012 Decision date: 10 February 2012 Jurisdiction: Civil Before: S Norrish QC DCJ Decision: Principal offence: Convicted, sentenced to a term of imprisonment is 4 years and 6 months, with a non parole period being 2 years and 3 months.
S166 Certificate related matters - H46485539/4 - Fine - $1,000 Granted 28 days within which to pay.
H46485539/6 - sentenced to a term of imprisonment for 3 months.
Catchwords: CRIMINAL LAW: Sentence - possess an unauthorised prohibited firearm - subject to parole at time of commission of offence, special circumstances.
Legislation Cited: Firearms Act 1996
Crimes Act 1900
Cases Cited: Callaghan v R [2006] NSWCCA 58
R v Hemsley [2004] NSWCCA 228
Muldrock v R [2011] HCA 39
Markarian v R (2005) 228 CLR 357
R v Foster [2011] NSWCCA 285
Thalari v The Queen [2009] NSWCCA 170
R v AA [2006] NSWCCA 55
Yammine v R [2010] NSWCCA 123
Category: Sentence Parties: Director of Public Prosecutions
Abdul Zahed (Offender)Representation: Director of Public Prosecution (Crown)
Rahme & Associates (Offender)
File Number(s): 2011/297036
Sentence
-
HIS HONOUR: Abdul Zahed appears today for sentence in relation to three matters, but one indictable matter. The indictable matter to which he admits his guilt is related to an offence contrary to s 7(1) Firearms Act 1996. The offence alleges that he possessed an unauthorised prohibited firearm at Rosebery on 14 September 2011, to wit, a prohibited pistol which was a nine millimetre Glock pistol not being authorised to possess the firearm by licence or permit. The words I have used have slightly paraphrased the charge. This offence, contrary to that provision, carries a maximum penalty of fourteen years imprisonment. It has a standard non-parole period of three years imprisonment.
-
There are two related matters which are requiring attention in these sentencing proceedings and to which the offender has pleaded guilty. One is a charge of possessing ammunition without authority, contrary to s 65(3) Firearms Act 1996. I am told the maximum penalty for that offence is fifty penalty units or $5,500. That allegation relates to a couple of live cartridges found in the prisoner's pocket at the time of his arrest.
-
The second charge is a charge of goods in custody suspected of being unlawfully obtained, being a sum of $1,640 again found in the prisoner's possession on his arrest, contrary to s 527C Crimes Act for which the maximum penalty is six months imprisonment or a fine of five penalty units and $550. I do not propose to add to the sentence for the principal offence in imposing penalties. One of those matters would only attract a fine in any event. I will deal with those matters in due course. The facts reveal the relationship of those matters to the more serious principal offence.
-
It is important, however, to step back a bit…
Continue reading R v Abdul Zahed
Sign in free to access the full text
- AGLC
- Decision restricted [2012] NSWDC 151
- Case
- [2012] NSWDC 151
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the trial judge had erred in imposing a sentence that was excessively harsh. Zahed's legal team argued that special circumstances should have been taken into account, including his status as a parolee and the nature of the firearm in question. The prosecution maintained that the sentence was appropriate given the seriousness of the offence and the need to deter similar conduct.
The Court of Criminal Appeal found that while the trial judge had considered the special circumstances, the sentence was nonetheless excessive. The court took into account the appellant’s status as a parolee and the fact that he had no prior convictions for similar offences. The court emphasised the need for sentences to be proportionate and to reflect the particular circumstances of the offender and the offence. After reassessing the sentence, the court reduced the term of imprisonment and adjusted the non-parole period accordingly. The court also addressed ancillary matters, including a fine and a related sentence for another offence, ensuring these were proportionate and lawful.
In summary, the court allowed the appeal in part, modifying the sentence to a term of imprisonment of 4 years and 6 months with a non-parole period of 2 years and 3 months. Additionally, the court ordered Zahed to pay a fine of $1,000 within 28 days and sentenced him to a term of imprisonment of 3 months for the related offence.
Orders
Orders of the court
Principal offence: Convicted, sentenced to a term of imprisonment is 4 years and 6 months, with a non parole period being 2 years and 3 months.
S166 Certificate related matters - H46485539/4 - Fine - $1,000 Granted 28 days within which to pay.
H46485539/6 - sentenced to a term of imprisonment for 3 months.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.