R v Aird

[2019] NSWDC 512

District Court

New South Wales

Medium Neutral Citation:	R v Aird [2019] NSWDC 512
Hearing dates:	23, 26 August; 13 September 2019
Date of orders:	16 September 2019
Decision date:	16 September 2019
Jurisdiction:	Criminal
Before:	Hatzistergos DCJ
Decision:	See [75]-[78]
Catchwords:	SENTENCING – Firearms offences – Assortment of weapons – Whether Offender had remorse or contrition with previous intention to hand weapons in to an amnesty – Relevance of various matters on Forms 1 – whether purposes of sentencing require public safety to be considered
Legislation Cited:	Firearms Act 1996 (NSW) ss 39(1)(a), 51D(2) Weapons Prohibition Act 1998 (NSW) s 7(1) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) Dionys v R [2011] NSWCCA 272 Imbornone v R [2017] NSWCCA 144 Mack v R [2009] NSWCCA 216 R v Brown [2006] NSWCCA 249 R v El Jamal [2017] NSWCCA 243 R v Howard [2004] NSWCCA 348 R v Johnson [2005] NSWCCA 80 R v Lachlan [2015] NSWCCA 178 R v Mahmud [2010] NSWCCA 219 R v Woods [2009] NSWCCA 55 Sadler v R (2001) 194 A Crim R 452 Taylor v R [2018] NSWCCA 50 R v Why [2017] NSWCCA 101
Texts Cited:	N/A
Category:	Sentence
Parties:	Regina (Crown) Peter James Aird (Offender)
Representation:	Counsel: Mr Karim (for the Offender)   Solicitors: Director of Public Prosecutions (DPP)
File Number(s):	17/258335
Publication restriction:	N/A

JUDGMENT

1. The Offender Peter James Aird appeared before Campbelltown District Court on 23 August 2019 for sentence in relation to two counts as follows:

1. That on 24 August 2017 at Pheasants Nest he possessed a prohibited weapon to wit a knife concealed as a credit card, without being authorised to do so by a permit, contrary to section 7(1) of the Weapons Prohibition Act 1998 (NSW). This offence is Sequence 1. It carries a maximum penalty of 14 years imprisonment and a standard non parole period of 5 years imprisonment.

2. That on 24 August 2017 at Pheasants Next he possessed more than three firearms, to wit nine firearms that were not registered, of which four were prohibited firearms in circumstances where the Offender was not authorised by a licence or permit to possess those firearms, contrary to section 51D(2) of the Firearms Act 1996 (NSW). This offence is Sequence 17. It carries a maximum penalty of 20 years imprisonment and a standard non parole period of 10 years imprisonment.

2. In sentencing the Offender for Sequence 1, I have been requested to take into account three offences on a Form 1A, which comprise of:

• Possess a prohibited weapon, namely an extendible baton, contrary to section 7(1) of the Weapons Prohibition Act 1998 (NSW);

• Possess a prohibited weapon, namely knuckle dusters, contrary to section 7(1) of the Weapons Prohibition Act 1998 (NSW); and

• Possess an explosive for an unlawful purpose, namely railway detonators, contrary to section 93FA(2) of the Crimes Act 1900 (NSW). Substantively this latter offence carries a maximum penalty of 3 years…