R v Donje - [2023] NSWDC 502

District Court

New South Wales

Medium Neutral Citation: R v Donje [2023] NSWDC 502
Hearing dates: 10 August and 13 October 2023
Decision date: 13 October 2023
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Imprisonment for 3 years 9 months with a non parole period of 18 months.

Catchwords:
CRIME - SENTENCE - possess unregistered firearms; possess ammunition without a licence; permit or authority; not keep firearm safely; not keep a prohibited firearm safely; non-exculpatory duress.

Legislation Cited:
Firearms Act 1996 (NSW), s51D(2).

Cases Cited:
Tiknius v R [2011] NSWCCA 215

Category: Sentence
Parties:
Rex (Crown)
Mana Donje (Offender)
Representation:
Ms Stojanovic (ODPP Parramatta)
Mr Berents (Counsel for the offender)

File Number(s): 2022/219081
Publication restriction: Nil

judgment

Mana Donje, you appear for sentence today in relation to one principal offence (sequence 2), and that is possessing more than three unregistered firearms, one of which was a prohibited pistol. This offence involves a contravention of s.51D(2) of the Firearms Act 1996 (NSW). The maximum penalty for that offence is imprisonment for 20 years. There is a standard non-parole period of imprisonment for 10 years.
In addition to that principal offence, you have asked the Court to take into account, in sentencing you, three matters on a Form 1, which I have certified, they being: possessing ammunition without holding a license, permit or authority (sequence 8); not keeping a firearm safely (sequence 9); and not keeping a prohibited firearm safely (sequence 11).
The facts surrounding the principal offence and the matters on the Form 1 are, to an extent, contained in an agreed statement of facts. Those facts have been supplemented by the oral evidence that you gave today, evidence which on the balance of probabilities I accept.
Slightly recast by me, as to chronological outcomes, but not as to substance, the facts are as follows.
You were born in March 2001. The circumstances of your birth and upbringing I shall return to. But, from the age of 17, you have been involved with the criminal justice system.
On 9 January 2021, you committed three offences for which you were ultimately sentenced to an aggregate term of imprisonment of 18 months. Those offences were: affray; possessing or using a prohibited weapon without a permit, of which the weapon was a set of knuckle dusters; and deemed supply prohibited drug. You were released to parole in connection with that aggregate sentence on 8 February 2022.
Very soon after you were released to parole, and specifically on 28 March 2022, you were the victim of a vicious and unprovoked attack in which you received serious stab injuries. Those injuries resulted in you being hospitalised for almost two months. You were released from the hospital on 15 May 2022.
You successfully completed that period of parole on 8 July 2022 - unlike an earlier time when you were admitted to parole in 2020.
Whilst you were imprisoned from 9 January 2021 to 8 February 2022, you became acquainted with a particular inmate. He was a…

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 Donje

Details

AGLC: R v Donje [2023] NSWDC 502
Case: [2023] NSWDC 502
Decision Date: 13 October 2023

CaseChat Overview and Summary

The respondent, Donje, was convicted of possessing unregistered firearms, possessing ammunition without a licence, failing to hold a permit or authority for the firearms, failing to keep a firearm safely, and failing to keep a prohibited firearm safely. The case was heard in the Supreme Court of New South Wales. The primary issue before the court was the appropriate sentence for these firearms offences, considering the principles of sentencing and the mitigating factors presented.

The court considered whether the respondent's conduct involved non-exculpatory duress, which could potentially mitigate the severity of the sentence. Non-exculpatory duress involves a situation where a person commits an offence under coercion, but the duress does not absolve them of criminal responsibility. The court also had to weigh the seriousness of the offences, the respondent's criminal history, and the need for deterrence and denunciation. The respondent argued that he acted under duress and did not intend to possess the firearms or ammunition.

The court concluded that while the respondent's actions were influenced by duress, it was not of a nature that fully exculpated his conduct. The court emphasised the gravity of possessing unregistered firearms and ammunition without proper authorisation, particularly given the respondent's previous convictions. Considering these factors, the court imposed a sentence of imprisonment for three years and nine months, with a non-parole period of eighteen months. The sentence reflected the need to uphold public safety and to deter similar conduct in the future.

Orders

Orders of the court

Imprisonment for 3 years 9 months with a non parole period of 18 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.

Medium Neutral Citation:	R v Donje [2023] NSWDC 502
Hearing dates:	10 August and 13 October 2023
Decision date:	13 October 2023
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Imprisonment for 3 years 9 months with a non parole period of 18 months.
Catchwords:	CRIME - SENTENCE - possess unregistered firearms; possess ammunition without a licence; permit or authority; not keep firearm safely; not keep a prohibited firearm safely; non-exculpatory duress.
Legislation Cited:	Firearms Act 1996 (NSW), s51D(2).
Cases Cited:	Tiknius v R [2011] NSWCCA 215
Category:	Sentence
Parties:	Rex (Crown) Mana Donje (Offender)
Representation:	Ms Stojanovic (ODPP Parramatta) Mr Berents (Counsel for the offender)
File Number(s):	2022/219081
Publication restriction:	Nil