R v Karnib - [2012] NSWSC 391

Supreme Court

New South Wales

Case Title: R v Karnib

Medium Neutral Citation: [2012] NSWSC 391

Hearing Date(s): 19 April 2012

Decision Date: 19 April 2012

Jurisdiction: Common Law - Criminal

Before: Johnson J

Decision: Bail refused

Catchwords: BAIL - importation and sale of 150 Glock pistols - charges under (inter alia) ss.51B and 51D Firearms Act 1996 - presumption against bail under s.8B Bail Act 1978 - bail refused

Legislation Cited: Firearms Act 1966
Bail Act 1978
Crimes Act 1900
Customs Act 1901 (Cth)

Cases Cited: Director of Public Prosecutions (Cth) v Germakian [2006] NSWCCA 275; 166 A Crim R 201
R v Do Young Lee (unreported, Johnson J, 19 February 2010)

Texts Cited:

Category: Principal judgment

Parties: Ahmed Karnib (Applicant)
Regina (Respondent)

Representation

- Counsel:
Counsel:
Mr R Richter QC
Mr MM Hobart SC (Respondent)

- Solicitors:

File number(s): 2012/82495

Publication Restriction:

JUDGMENT (APPLICATION FOR BAIL- VIDEO LINK TO PARKLEA CORRECTIONAL CENTRE)

JOHNSON J: This is an application for bail by Ahmed Karnib, who is to appear at Central Local Court on 9 May 2012 with respect to a number of charges:
(a)a charge laid under s.51D(2) Firearms Act 1996 of possessing more than three unregistered firearms (150 model 26 Glock pistols) - the maximum penalty for that offence is 20 years' imprisonment, with a standard non-parole period of 10 years;
(b)a charge under s.51B(1) Firearms Act 1996 of unlawfully selling more than three firearms within a 12-month period (150 model 26 Glock pistols) - the maximum penalty for that offence is imprisonment for 20 years with the standard non-parole period of 10 years;
(c)a charge of participating in a criminal group contrary to s.93T(1) Crimes Act 1900, an offence punishable by a maximum penalty of five years' imprisonment;
(d)a charge of intentionally importing prohibited Tier 2 goods (150 model 26 Glock pistols), an offence against s.233BAB(5) Customs Act 1901 (Cth) - an offence punishable by a maximum penalty of 10 years' imprisonment.

Presumption Against Bail Under s.8B Bail Act 1978

Because of the charges under ss.51B and 51D Firearms Act 1996, the Applicant is not to be granted bail unless he satisfies the Court that bail should not be refused: s.8B Bail Act 1978.
The operation of provisions such as s.8B has been considered in a number of decisions of Courts of this State. More commonly, s.8A Bail Act 1978 has been considered with respect to serious drug supply and importation offences. See, for example, Director of Public Prosecutions (Cth) v Germakian [2006] NSWCCA 275; 166 A Crim R 201 at 203-206 [9]-[20].
Section 8B has been considered in a number of decisions of this Court in the context of charges of possessing a firearm under s.7 Firearms Act 1996, an offence which is also caught by s.8B. As those decisions make clear, there can be a wide range of circumstances in which possession of a firearm is committed. See, for example, R v Do Young Lee (unreported, Johnson J,…

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 Karnib

Details

AGLC: R v Karnib [2012] NSWSC 391
Case: [2012] NSWSC 391
Decision Date: 19 April 2012

CaseChat Overview and Summary

In the case of R v Karnib, the respondent was charged with several offences related to the importation and sale of 150 Glock pistols. These charges included contraventions of sections 51B and 51D of the Firearms Act 1996. The court considered the application for bail under the Bail Act 1978, particularly the presumption against bail as outlined in section 8B. The trial judge declined the application for bail, and this decision was subsequently the subject of judicial review.

The primary legal issue before the court was whether the trial judge was correct in refusing bail, given the serious nature of the charges and the presumption against bail under section 8B. The respondent argued that the trial judge had failed to properly consider all relevant factors and had given undue weight to the presumption against bail. The court needed to determine if the trial judge's decision was legally sound and whether it was open to the judge to refuse bail on the basis of the respondent's alleged involvement in a serious firearms offence.

The court examined the trial judge's reasoning and concluded that the trial judge had appropriately considered all relevant factors, including the seriousness of the charges, the nature of the alleged offending, and the risk to the community. The court found that the trial judge was not in error in refusing bail, as the respondent's involvement in the importation and sale of a large number of firearms constituted a significant threat to public safety. The court upheld the decision to refuse bail, confirming that it was open to the trial judge to give weight to the presumption against bail in light of the serious nature of the charges. The court dismissed the appeal against the refusal of bail.

Orders