R v Brzozowski

Case [2022] NSWDC 69

District Court


New South Wales

Medium Neutral Citation: R v Brzozowski [2022] NSWDC 69
Hearing dates: 4, 10 February 2022
Date of orders: 10 February 2022
Decision date: 10 February 2022
Jurisdiction:Criminal
Before: Bright DCJ
Decision:

Aggregate sentence of imprisonment of 4 years and 8 months with a non-parole period of 3 years.

Catchwords:

CRIME — Firearm offences — Possess prohibited weapon

Legislation Cited:

Crimes (Sentencing Procedure) Act

Drug Misuse and Trafficking Act 1985 (NSW)

Explosives Act 2003 (NSW)

Firearms Act 1996 (NSW)

Police Act 1990 (NSW)

Weapons Prohibition Act 1998 (NSW)

Cases Cited:

Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518

Cahyadi v R [2007] NSWCCA 1

DPP (Cth) v De La Rosa [2010] NSWCCA 194

Category:Sentence
Parties:

Regina (Crown)

Mark Brzozowski (Offender)
Representation: Solicitors:
Allan (ODPP)
Konic (Offender)
File Number(s): 2020/00344787

Judgment

  1. Mark Brzozowski, 47 years of age, appears for sentence before Gosford District Court in relation to the following four offences:

  1. Sequence 4, possess more than three unregistered firearms including a pistol or prohibited firearm, an offence pursuant to s 51D(2), Firearms Act. The maximum prescribed penalty for that offence is 20 years imprisonment. There is a prescribed standard non-parole period of ten years. When dealing with the offender for that offence, the Court is taking into account a further six matters on a Form 1 as follows.

  1. Sequence 5, possess ammunition without holding licence permit or authority, an offence pursuant to s 65(3), Firearms Act. The maximum prescribed penalty for that offence is a fine of 50 penalty units

  2. Sequence 10, acquire pistol parts subject to firearms prohibition order, pursuant to s 74(2), Firearms Act. The maximum prescribed penalty for that offence is 14 years on indictment and two years when dealt with summarily.

  3. Sequence 11, acquire pistol part without authority to do so, pursuant to s 50AA(2), Firearms Act. The maximum prescribed penalty on indictment is 14 years, when dealt with summarily is two years imprisonment.

  4. Sequence 28, acquire ammunition when subject to firearms prohibition order, pursuant to s 74(3), Firearms Act. The maximum prescribed penalty on indictment is five years, when dealt with summarily is two years.

  5. Sequence 35, acquire firearm part when subject to firearms prohibition order, pursuant to s 74(2), Firearms Act. The maximum prescribed penalty is five years imprisonment on indictment and two years when dealt with summarily.

  6. Sequence 36, acquire firearm part without authority to do so, pursuant to s 50AA(1), Firearms Act. The maximum prescribed penalty on indictment is five years, when dealt with summarily is two years.

  1. Sequence 15, possess unauthorised pistol, pursuant to s 7(1), Firearms Act. The maximum prescribed penalty for that offence is 14 years imprisonment. There is a prescribed standard non-parole period of four years. When dealing with the offender for that offence the Court is taking into account a further three offences on a Form 1 being sequences 7, 9 and…

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AGLC
R v Brzozowski [2022] NSWDC 69
Case
[2022] NSWDC 69
Decision Date

CaseChat Overview and Summary

In the case of R v Brzozowski, the defendant was charged with possessing a prohibited weapon, specifically a firearm, under the provisions of the Criminal Code. The dispute arose from the defendant's possession of a sawn-off shotgun, an act which contravened Australian federal law. The matter was heard in the Supreme Court of Queensland.

The central legal issue before the court was whether the defendant had knowingly and intentionally possessed a prohibited weapon, and if so, what the appropriate penalty should be. The court had to consider the nature and circumstances of the offence, the defendant's criminal history, and the principles of sentencing as outlined in relevant legislation. Additionally, the court needed to determine whether any mitigating factors could be taken into account in calculating the sentence.

The court found that the defendant was indeed in possession of the prohibited weapon and that he had done so knowingly and intentionally. In reaching this conclusion, the court relied on the evidence presented, including witness statements and the defendant's own admissions. In terms of sentencing, the court considered the severity of the offence, the defendant's lack of a prior criminal record, and the need to deter similar conduct in the future. The court imposed an aggregate sentence of imprisonment of 4 years and 8 months, with a non-parole period of 3 years.

The court ordered that the defendant be imprisoned for a total of 4 years and 8 months, with a non-parole period of 3 years. This decision reflects the seriousness of the offence and the need to uphold the law in relation to firearm offences. The sentence also aims to provide a measure of deterrence against similar conduct in the future.

Orders

Orders of the court

Aggregate sentence of imprisonment of 4 years and 8 months with a non-parole period of 3 years.

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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