R v Forbes

[2025] NSWDC 384

District Court

New South Wales

Medium Neutral Citation:

R v Forbes [2025] NSWDC 384

Hearing dates:

12 September 2025

Date of orders:

19 September 2025

Decision date:

19 September 2025

Jurisdiction:

Criminal

Before:

Priestley SC DCJ

Decision:

(1)   In respect of sequence 34 the charge is dismissed under s10 CSPA.

(2)   In respect of sequence 32, pursuant to section 10A of the CSPA a conviction is recorded without any further penalty.

(3)   In respect of sequences 27, 28, 29, 38 and 41 the offender is convicted.

(4)   The indicative sentences in respect of sequences 27, 28, 29,38 and 41 are set out below after the application of the 25% discount and taking into account the relevant Form 1 matters for sequences 29 and 41.

(5)   The offender is sentenced to an aggregate term of imprisonment with a non parole period of 4 years to date from 17 May 2024 and expiring on 16 May 2028, and with a balance of term of 3 years expiring on 16 May 2031.

Catchwords:

CRIME — Drug offences — Supply prohibited drug on an ongoing basis — Firearms offences — Possess prohibited pistol — Use prohibited weapon to prohibition order — Knowingly deal with proceeds of crime — Supply prohibited drug greater than the indictable quantity, less than commercial quantity — SENTENCING — Relevant factors on sentence — Form 1 offences

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Firearms Act1996

Weapons Prohibition Act1998

Cases Cited:

Dungay v R [2020] NSWCCA 209

Redfern v R [2012] NSWCCA 178

Wong v The Queen [2001] 207 CLR 584

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
David William Forbes (Offender)

Representation:

Counsel:
Mr D. Pullinger for the Offender
Solicitors:
Director of Public Prosecutions for the Crown
Medcalf Grant Lawyers for the Offender

File Number(s):

2024/00144497027

JUDGMENT

Introduction

1. David Forbes appears for sentence in respect of 7 offences. In respect of three of them there are one or more matters to be taken into account by way of the Form 1 procedure. The offences and the Form 1 matters relating to the primary offences are set out in a table below. That table sets out the maximum sentences of the offences. None of the primary offences has a standard non-parole period.

2. At the commencement of the hearing the Crown drew the court’s attention to the fact that the Form 1 matter to be taken into account in respect of the charge of possessing a prohibited weapon contrary to a prohibition order (sequence 32) was in fact an offence which carries a greater maximum sentence than the primary offence. The Crown accepts that the Form 1 procedure requires any penalty ultimately arrived at to be proportional to the primary offence and accepts that the charge being framed this way was erroneous. Furthermore in the way the matter has been conducted the Form 1 offence of possessing a prohibited weapon without a permit adds no criminality to the primary charge of possessing that very same prohibited weapon contrary…