R v Okwechime

[2015] ACTSC 129

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Okwechime

Citation:

[2015] ACTSC 129

Hearing Dates:

23 April 2015; 1 May 2015

DecisionDate:

14 May 2015

Before:

Burns J

Decision:

See [20] – [33]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – Particular Offences – possess prohibited weapon – possess prohibited firearm – possess firearm without licence – possess ammunition – possess prohibited substance – breach of good behaviour orders – good behaviour orders cancelled – resentenced.

Legislation Cited:

Firearms Act 1996 (ACT) s 42; 249 (1)

Magistrates Court Act 1930 (ACT) s 90B
Prohibited Weapons Act 1996 (ACT) s 5

Cases Cited:

Thalari v R [2009] NSWLR 307

Parties:

The Queen (Crown)

Emeke Okwechime (Offender)

Representation:

Counsel

Mr D Sahu Khan (Crown)

Mr A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins Solicitor (Offender)

File Number:

SCC 33 of 2015

Burns J:

The offences and procedural history

1. During the execution of a search warrant at premises where you, Mr Okwicheme, were living on 14 April last year, police located a prohibited firearm; namely, a Winchester 1200 Riot 12-guague pump sawn-off shotgun, a firearm, being an air rifle, and four prohibited weapons; namely, a taser, two black extendable batons and a knuckle duster.  You were subsequently charged with and pleaded guilty in the Magistrates Court to the following charges:

(a)one offence of possessing a prohibited firearm contrary to S 42 (1) (a) (iii) of the Firearms Act 1996 (ACT), carrying a maximum penalty of 10 years’ imprisonment (CC14/8084);

(b)one offence of possessing a firearm without a licence contrary to s 43 (1) (a) (iii) of the Firearms Act 1996 (ACT), carrying a maximum penalty of five years’ imprisonment (CC14/8085); and

(c)three offences of possessing a prohibited weapon contrary to s 5 of the Prohibited Weapons Act 1996 (ACT), each carrying a maximum penalty of five years’ imprisonment (CC14/0806; CC14/8087; CC14/8088).

1. On 20 February this year, you were committed for sentence to this Court on these charges. In addition, a charge of possessing ammunition for a firearm, being four shotgun rounds contrary to s 249 (1) of the Firearms Act 1996 (ACT) (CC14/11608) was transferred to this court by the Magistrates Court pursuant to s 90B of the Magistrates Court Act 1930 (ACT) as a related offence to the charges which were committed for sentence. The ammunition was also found at your premises during the search on 14 April 2014. The maximum penalty for that offence of possession of ammunition is a fine of $1500.00. The other occupants of the premises where these items were located were your partner and your two-year-old son.

1. On 15 April 2014, you participated in a digital record of interview in which you admitted possession of the firearms, weapons and ammunition.  You told police that you kept the shotgun and other weapons for protection against the Rebels motorcycle gang. 

1. The proceedings concerning the items located on 14 April last year were commenced by way of summons in the Magistrates Court.…