District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Hijazi [2021] NSWDC 330 Hearing dates: 11 May 2021
12 May 2021
13 May 2021
17 May 2021
25 June 2021Date of orders: 16 July 2021 Decision date: 16 July 2021 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: I make orders as follows:
1. I find the offender, Mohamed Hijazi, not guilty of the related offences which I have dealt with under s 167 of the Criminal Procedure Act 1986 (NSW), namely the three offences under s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW) and the additional offence under Reg 34(2) of the Road Transport (Vehicle Registration) Regulation 2017 (NSW) (Sequences 20, 21, 22 and 24).
2. In accordance with his guilty pleas, the offender, Mohamed Hijazi, is convicted of Counts 3, 4 and 5 on the indictment dated 7 May 2021 (Sequences 1, 4 & 11) and the two related offences (Sequences 5 and 23).
3. The offender is sentenced to full‑time imprisonment for a term of 17 months, with a non‑parole period of 13 months. Taking into account time already served, that sentence is backdated to commence from 29 May 2021. The head sentence expires on 28 October 2022 and the offender is eligible for parole on 28 June 2022 (Sequences 1, 2, 4, 5, 11 & 23).
Catchwords: Criminal Law – Firearms Act 1996 (NSW) s 7(1) – Weapons Prohibition Act 1998 (NSW) s 7(1) – Multiple Firearms & Weapons Offences – Breach of Multiple Prohibition Orders – Determination of Additional Matters Dealt with under ss 166 & 167 of the Criminal Procedure Act 1986 (NSW) – Multiple Prior Offences (Different Type) – Sentencing – General Sentencing Principles – Objective Seriousness
Legislation Cited: Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 5, 21A(2)(d), 22, 25D(2)(c), 44(2), 53A, 66(1)
Criminal Procedure Act 1986 (NSW) ss 166, 167
Drug Misuse and Trafficking Act 1985 (NSW) s 10(1)
Firearms Act 1996 (NSW) ss 4D(3), 7, 7(1), 39(1), 39(1)(a), 73(1), 74A, 74(6)
Road Transport (Vehicle Registration) Regulation 2017 (NSW) r 34(2)
Weapons Prohibition Act 1998 (NSW) ss 7(1), 33(1), 34(1)
Cases Cited: Attorney‑General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) (2002) 56 NSWLR 146
Ibbotson (A pseudonym) v R [2020] NSWCCA 92
Mandranis v R [2021] NSWCCA 97
Pereira v DPP (1988) 35 A Crim R 382
R v Barnier [2001] NSWCCA 459
R v Filippetti (1978) 13 A Crim R 335
R v Hinton (NSWCCA, 19 March 1976, unreported)
R v Krstic [2005] NSWCCA 391
Category: Sentence Parties: Regina (Crown)
Mohamed Hijazi (Offender)Representation: Mr A McMaster, Crown Prosecutor (Crown)
Mr I Lloyd QC with Mr P Lange of Counsel (11-13 and 17 May 2021);…
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- AGLC
- R v Hijazi [2021] NSWDC 330
- Case
- [2021] NSWDC 330
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the provisions of the Firearms Act and the Weapons Prohibition Act were correctly applied to the respondent's actions. The court examined the specific sections of these Acts to ascertain if Hijazi's possession and use of firearms and weapons were indeed unlawful under the statutes. Additionally, the court had to consider the breaches of prohibition orders and the cumulative impact of these breaches on the sentencing process. Another critical issue was the application of general sentencing principles, specifically the objective seriousness of the offences, in light of Hijazi's history of prior convictions.
In reaching its decision, the court meticulously analysed the relevant statutory provisions and the facts of the case. It confirmed that Hijazi's actions did indeed contravene the Firearms Act and the Weapons Prohibition Act. The court also found that the breaches of prohibition orders significantly aggravated the seriousness of the offences. In determining the sentence, the court took into account the objective seriousness of the crimes, Hijazi's multiple prior offences of a different type, and other relevant factors. The court concluded that a substantial sentence was warranted to adequately address the gravity of the offences and to ensure public safety.
The court made several orders, including a declaration that Hijazi was guilty of the charges brought under the Firearms Act and the Weapons Prohibition Act, and that he had breached multiple prohibition orders. The court also ordered that Hijazi be sentenced in accordance with the findings, taking into account the objective seriousness of the offences and other relevant sentencing considerations.
Orders
Orders of the court
109.
I therefore make orders as follows:
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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