R v Khosravi - [2018] NSWDC 363

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Khosravi [2018] NSWDC 363
Hearing dates: 06 July 2018
Date of orders: 06 July 2018
Decision date: 06 July 2018
Jurisdiction: Criminal
Before: M L Williams SC DCJ
Decision:
Aggregate sentence of imprisonment of four years, three months, with a non-parole period of two years and six months. See [30].

Catchwords: SENTENCING — Multiple offences – Firearms Act – 1996 – unauthorised possession in aggravated circumstances – unauthorised possession of prohibited firearms – unauthorised possession of firearms generally – Drug Misuse and Trafficking Act – supply of prohibited drug – multiple Form 1 matters taken into account
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
Mack v R; Mack v R [2009] NSWCCA 216
Muldrock v The Queen (2011) 244 CLR 120
Pearce v The Queen (1998) 194 CLR 610
R v Brown [2006] NSWCCA 249
R v Lachlan [2015] NSWCCA 178
R v Mahmud [2010] NSWCCA 219
R v XX [2009] NSWCCA 115
Texts Cited: None
Category: Sentence
Parties:
Regina (Crown)
Alex Khosravi (Offender)
Representation:
Mr I Lloyd QC (Offender)
Mr Walkowiak (Crown)

File Number(s): 2016/360975

Judgment

An offence under section 51D (2) of the Firearms Act 1996 of unauthorised possession of firearms, is an aggravated offence carrying a maximum penalty of 20 years imprisonment which reflects the seriousness with which the legislature regards possession of multiple firearms. The rationale behind the section was explained by Spigelman CJ in R v Brown [2006] NSWCCA 249 at [21] - [22];

When s 51D was introduced by the Firearms Amendment (Public Safety) Act 2002, the Minister said: Firearm related crime is a major concern for both police and the community.” The offence, in a series of offences relating to firearms in the Firearms Act 1996, is directed to persons who are engaged in the warehousing of firearms for sale. A person so engaged plays a critical role in the perpetration by other criminals of the worst crimes of violence in this community. The maximum sentence reflects the important role that such conduct plays in the injuries inflicted upon members of the community by deadly weapons.

As the Courts have said on many occasions and recently in R v Lachlan [2015] NSWCCA 178, as cited by Mr Lloyd QC who appears for the offender today, sentences imposed for such offences must operate as real disincentives to those otherwise attracted to the illegal possession of firearms.
Alex Khosravi, who was born in 1986, appears for sentence having pleaded guilty to a number of matters the most serious of which is an offence under s 51D(2) of the Firearms Act. As I have indicated it carries a maximum penalty of 20 years imprisonment and a standard non parole period of ten years. He also appears for sentence in relation an offence s 7(1) of possessing and using a prohibited weapon…

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 Khosravi

Details

AGLC: R v Khosravi [2018] NSWDC 363
Case: [2018] NSWDC 363
Decision Date: 06 July 2018

CaseChat Overview and Summary

The case of R v Khosravi involved the defendant, Khosravi, who faced multiple charges including unauthorised possession of firearms and supply of a prohibited drug. The matter was heard in the County Court of Victoria. Khosravi had been found in possession of firearms and prohibited substances, leading to the charges under the Firearms Act 1996 and the Drug Misuse and Trafficking Act. The legal issues before the court were the appropriate sentencing for the multiple offences, considering the aggravating factors and the cumulative impact of the charges.

The court needed to determine an aggregate sentence that reflected the seriousness of the offences and the circumstances in which they were committed. It was necessary to consider the principles of sentencing as they apply to multiple offences, including the need for deterrence and denunciation, as well as the rehabilitation of the offender. The court also had to consider the relevant statutory provisions and case law concerning firearms offences and drug supply. In assessing the appropriate sentence, the court took into account the aggravating circumstances of the offences, the defendant’s criminal history, and the need to protect the community.

The court found that the cumulative effect of the offences warranted a significant custodial sentence. It determined that an aggregate sentence of four years and three months, with a non-parole period of two years and six months, was appropriate. The court emphasised the seriousness of the offences, the aggravating factors, and the need to deter similar conduct in the future. The court also considered the possibility of rehabilitation and the potential impact of the sentence on the defendant and the community. The reasoning provided by the court was based on a comprehensive analysis of the statutory provisions, relevant case law, and the specific circumstances of the case.

The final orders of the court were that Khosravi be sentenced to imprisonment for a total of four years and three months, with a non-parole period of two years and six months. This sentence reflects the court's consideration of the seriousness of the offences, the aggravating factors, and the need to achieve the purposes of sentencing as outlined in the legislation and case law.

Orders

Orders of the court

Aggregate sentence of imprisonment of four years, three months, with a non-parole period of two years and six months. See [30].

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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Medium Neutral Citation:	R v Khosravi [2018] NSWDC 363
Hearing dates:	06 July 2018
Date of orders:	06 July 2018
Decision date:	06 July 2018
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	Aggregate sentence of imprisonment of four years, three months, with a non-parole period of two years and six months. See [30].
Catchwords:	SENTENCING — Multiple offences – Firearms Act – 1996 – unauthorised possession in aggravated circumstances – unauthorised possession of prohibited firearms – unauthorised possession of firearms generally – Drug Misuse and Trafficking Act – supply of prohibited drug – multiple Form 1 matters taken into account
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996
Cases Cited:	DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Mack v R; Mack v R [2009] NSWCCA 216 Muldrock v The Queen (2011) 244 CLR 120 Pearce v The Queen (1998) 194 CLR 610 R v Brown [2006] NSWCCA 249 R v Lachlan [2015] NSWCCA 178 R v Mahmud [2010] NSWCCA 219 R v XX [2009] NSWCCA 115
Texts Cited:	None
Category:	Sentence
Parties:	Regina (Crown) Alex Khosravi (Offender)
Representation:	Mr I Lloyd QC (Offender) Mr Walkowiak (Crown)
File Number(s):	2016/360975