R v Meier - [2024] NSWDC 375

District Court

New South Wales

Medium Neutral Citation: R v Meier [2024] NSWDC 375
Hearing dates: 3/10/23-12/10/23, 11/12/23, 15/3/24, 4/4/24, 7/6/24, 21/6/24
Date of orders: 21 June 2024
Decision date: 21 June 2024
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 4 years 10 months with a NPP of 3 years (3/2/24-2/2/27).
I find special circumstances.
The indicative sentences are:
Re plea indictment dated 20/10/22: (25 percent discount taken into account):
Count 1 Possess 8 unreg firearms – 3y with NPP 1y 10m (Form 1 taken into account)
Re trial indictment dated 20/10/22 :
Count 1 Use offensive weapon to intimidate – (Form 1 taken into account) – 12m
Count 3 Possess proh weapon without permit – 9m with NPP 6m
Count 4 Use offensive weapon to intimidate – 3y 4m
Count 6 AOABH – 18m
Re further matters committed from Burwood Local Court on 4/6/24 (H172664402) (25 percent discount taken into account):
Seq 3 Possess proh weapon without permit – 18m with NPP 11m
Seq 6 Possess unauthorised pistol – 18m with NPP 11m
Seq 7 Possess unauthorised pistol – 18m with NPP 11m
Seq 8 Possess proh weapon in contravention of Weapons Prohibition Order – 9m
Seq 10 Possess firearm in contravention of Firearms Prohibition Order – 10m (Form 1 taken into account)

Catchwords:
Crime – Sentence – Use offensive weapon with intent to intimidate – Possess prohibited weapon – Being unlawfully in possession of more than three firearms – Possess prohibited weapon in contravention of weapon prohibition order – Domestic violence

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Firearms Act 1996
Weapons Prohibition Act 1998

Cases Cited:
Commonwealth DPP v De La Rosa (2010) 283 ALR 324
Field v R [2020] NSWCCA 105
R vLachlan [2015] NSWCCA 178
R v Mahmud [2010] NSW CCA 219
Taylor v R [2018] NSW CCA 50

Category: Sentence
Parties: NSW DPP – Crown
Alexander Geoffrey Meier
Representation: Mr A Poulos for Crown
Mr W Brewer for Accused

File Number(s): 21/314929, 24/50174
Publication restriction: Statutory non-publication order in relation to the identity of the victim

REMARKS ON SENTENCE

The offender, Mr Alexander Meier is for sentence on a number of offences, some of which were the subject of a contested trial and some of which involved pleas of guilty.
Dealing first with the trial matters. After a judge alone trial before myself which took place between 4 and 12 October 2023, the offender was found guilty of the following offences for which he must now be sentenced.
Firstly, count 1 which was using an offensive weapon, a taser-type device, with intent to commit the indictable offence of intimidation. The maximum penalty for that offence is 12 years imprisonment. Count 3 is an offence of possessing a prohibited weapon, namely the same taser device, without authorisation: the maximum penalty is 14 years imprisonment for that offence and it also has specified a five year standard non-parole period. Count 4 is an offence of…

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 Meier

Details

AGLC: R v Meier [2024] NSWDC 375
Case: [2024] NSWDC 375
Decision Date: 21 June 2024

CaseChat Overview and Summary

In the matter of R v Meier, the defendant faced a range of criminal charges before the court, encompassing offences related to the possession of firearms and the use of an offensive weapon with intent to intimidate, all in the context of domestic violence. The case was heard in the District Court of New South Wales, which was tasked with determining the appropriate sentence for the defendant, considering the multiple charges and the aggravating factors present.

The legal issues before the court included the application of various sentencing principles, the weight to be given to the numerous offences, and the consideration of special circumstances, particularly the defendant's history of domestic violence. The court needed to balance the gravity of the offences with the need for deterrence and the protection of the community. Another key issue was the application of discount for the defendant's guilty pleas and any other mitigating factors that might influence the final sentence.

In delivering the judgment, the court meticulously evaluated the severity of each offence, the cumulative impact of the defendant's actions, and the necessity to impose a sentence that adequately reflected the seriousness of the crimes committed. The court found that special circumstances were present due to the defendant's history of domestic violence, which significantly increased the culpability of the offences. After considering all the evidence and arguments, the court imposed an aggregate term of imprisonment of four years and ten months, with a non-parole period of three years. The detailed breakdown of the indicative sentences for each count and sequence was provided, taking into account various discounts and the form of the pleas.

The final orders of the court included the imposition of specific sentences for each count and sequence, with the non-parole period set at three years. The court also found special circumstances and considered the cumulative effect of the offences in determining the overall sentence. The defendant's sentence was to commence from a specified date and continue until the non-parole period was served.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 4 years 10 months with a NPP of 3 years (3/2/24-2/2/27).

I find special circumstances.

The indicative sentences are:

Re plea indictment dated 20/10/22: (25 percent discount taken into account):

Count 1 Possess 8 unreg firearms – 3y with NPP 1y 10m (Form 1 taken into account)

Re trial indictment dated 20/10/22 :

Count 1 Use offensive weapon to intimidate – (Form 1 taken into account) – 12m

Count 3 Possess proh weapon without permit – 9m with NPP 6m

Count 4 Use offensive weapon to intimidate – 3y 4m

Count 6 AOABH – 18m

Re further matters committed from Burwood Local Court on 4/6/24 (H172664402) (25 percent discount taken into account):

Seq 3 Possess proh weapon without permit – 18m with NPP 11m

Seq 6 Possess unauthorised pistol – 18m with NPP 11m

Seq 7 Possess unauthorised pistol – 18m with NPP 11m

Seq 8 Possess proh weapon in contravention of Weapons Prohibition Order – 9m

Seq 10 Possess firearm in contravention of Firearms Prohibition Order – 10m (Form 1 taken into account)

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 Meier [2024] NSWDC 375
Hearing dates:	3/10/23-12/10/23, 11/12/23, 15/3/24, 4/4/24, 7/6/24, 21/6/24
Date of orders:	21 June 2024
Decision date:	21 June 2024
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 4 years 10 months with a NPP of 3 years (3/2/24-2/2/27). I find special circumstances. The indicative sentences are: Re plea indictment dated 20/10/22: (25 percent discount taken into account): Count 1 Possess 8 unreg firearms – 3y with NPP 1y 10m (Form 1 taken into account) Re trial indictment dated 20/10/22 : Count 1 Use offensive weapon to intimidate – (Form 1 taken into account) – 12m Count 3 Possess proh weapon without permit – 9m with NPP 6m Count 4 Use offensive weapon to intimidate – 3y 4m Count 6 AOABH – 18m Re further matters committed from Burwood Local Court on 4/6/24 (H172664402) (25 percent discount taken into account): Seq 3 Possess proh weapon without permit – 18m with NPP 11m Seq 6 Possess unauthorised pistol – 18m with NPP 11m Seq 7 Possess unauthorised pistol – 18m with NPP 11m Seq 8 Possess proh weapon in contravention of Weapons Prohibition Order – 9m Seq 10 Possess firearm in contravention of Firearms Prohibition Order – 10m (Form 1 taken into account)
Catchwords:	Crime – Sentence – Use offensive weapon with intent to intimidate – Possess prohibited weapon – Being unlawfully in possession of more than three firearms – Possess prohibited weapon in contravention of weapon prohibition order – Domestic violence
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Weapons Prohibition Act 1998
Cases Cited:	Commonwealth DPP v De La Rosa (2010) 283 ALR 324 Field v R [2020] NSWCCA 105 R vLachlan [2015] NSWCCA 178 R v Mahmud [2010] NSW CCA 219 Taylor v R [2018] NSW CCA 50
Category:	Sentence
Parties:	NSW DPP – Crown Alexander Geoffrey Meier
Representation:	Mr A Poulos for Crown Mr W Brewer for Accused
File Number(s):	21/314929, 24/50174
Publication restriction:	Statutory non-publication order in relation to the identity of the victim