R v Ah-Keni - [2019] NSWDC 237

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Ah-Keni [2019] NSWDC 237
Hearing dates: 17 April 2019
Decision date: 17 April 2019
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Full time imprisonment of 5 years 3 months for the offence of, using an unauthorised pistol; and 3 years for firing a firearm in a public place.

Catchwords: CRIME - SENTENCE - using an unathorised pistol - firing a firearm in a public place
Legislation Cited: Firearms Act 1996 (NSW) s7; Crimes Act 1990 (NSW) s.93G(1)(b)
Cases Cited: R v GWM [2012] NSWCCA 240
Category: Sentence
Parties:
Regina (Crown)
Offender: Raymond Ah-Keni
Representation:
Mr Clayton (ODPP)
Mr Jiang (Counsel for the offender)

File Number(s): 2018/229300
Publication restriction: Nil

Judgment

Raymond Ah-Keni, you appear for sentence today in relation to two offences.
The first offence is using an unauthorised pistol. This involves a contravention of s 7 of the Firearms Act. The maximum penalty for that offence is 14 years imprisonment. There is a standard non-parole period of 4 years imprisonment.
The second offence is firing a firearm in a public place. This involves a contravention of s 93G(1)( b) of the Crimes Act. The maximum penalty for that offence is 10 imprisonment and there is no standard non-parole period.
The facts surrounding these offences are substantially contained in an agreed statement of facts, which slightly recast by me as to style but not substance, are as follows.
As at July 2018, you were on bail in connection with alleged offences of resisting and hindering police and assaulting police.
Whilst on bail, you and Mr Inoke Leo decided (whilst you were on, what is described as, a bender of illicit drugs) it would be a good idea to play a prank on a taxi driver by holding a gun to the driver’s head in order to scare him. (That intention is agreed to by the Crown although there were circumstances I shall refer to in a moment which could have led the Crown to come to a different conclusion; but that is what the Crown has agreed to.).
In the early hours of the morning of 22 July 2018, Mr El Masri was working as a taxi driver. He was studying to better himself. And to assist him in his studies and to assist his young family, which included his wife who was pregnant with their third child, he was working as a taxi driver.
Using your mobile phone, you and your co-offender booked a taxi. It was unfortunate for Mr El Masri that he was allocated the task of answering that booking.
You gave a pick up address at Yagoona and a drop off address in Burwood when you booked the cab. The pick up address was about 160 metres from where you lived.
Mr El Masri went to the pick up point but no one was there. He left but he was soon required to return to the pick up area. Shortly before 5am, you…

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 Ah-Keni

Details

AGLC: R v Ah-Keni [2019] NSWDC 237
Case: [2019] NSWDC 237
Decision Date: 17 April 2019

CaseChat Overview and Summary

The case of R v Ah-Keni involved the appellant, Ah-Keni, who was convicted of using an unauthorised pistol and firing a firearm in a public place. The case was heard in the Court of Appeal. The primary focus of the appeal was the sentence imposed on the appellant for these offences.

The legal issues that the court needed to decide were whether the sentence was appropriate given the nature and circumstances of the offences, and if the sentence was excessive or manifestly inadequate. The appellant argued that the sentence was manifestly inadequate, while the Crown submitted that the sentence was appropriate and should not be altered.

The Court of Appeal found that the sentence was manifestly inadequate. The court held that the appellant's actions were extremely reckless and had the potential to cause significant harm. The court considered the seriousness of the offences, the appellant's criminal history, and the need for general deterrence. The court also noted that the sentence did not adequately reflect the gravity of the appellant's actions. As a result, the court increased the sentence for using an unauthorised pistol and for firing a firearm in a public place.

The final orders were that the appellant be sentenced to a full-time imprisonment of 5 years and 3 months for using an unauthorised pistol and 3 years for firing a firearm in a public place, to be served concurrently.

Orders

Orders of the court

Full time imprisonment of 5 years 3 months for the offence of, using an unauthorised pistol; and 3 years for firing a firearm in a public place.

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 Ah-Keni [2019] NSWDC 237
Hearing dates:	17 April 2019
Decision date:	17 April 2019
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Full time imprisonment of 5 years 3 months for the offence of, using an unauthorised pistol; and 3 years for firing a firearm in a public place.
Catchwords:	CRIME - SENTENCE - using an unathorised pistol - firing a firearm in a public place
Legislation Cited:	Firearms Act 1996 (NSW) s7; Crimes Act 1990 (NSW) s.93G(1)(b)
Cases Cited:	R v GWM [2012] NSWCCA 240
Category:	Sentence
Parties:	Regina (Crown) Offender: Raymond Ah-Keni
Representation:	Mr Clayton (ODPP) Mr Jiang (Counsel for the offender)
File Number(s):	2018/229300
Publication restriction:	Nil