R v Regan Zia Yousiph

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Regan Zia Yousiph [2024] NSWDC 541

Hearing dates:

6 September 2024

Date of orders:

20 September 2024

Decision date:

20 September 2024

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

The offender is sentenced to an aggregate term of imprisonment of 6 years and 8 months, with an aggregate non-parole period of 4 years and 5 months.

Catchwords:

SENTENCING - Crimes Act 1900 (NSW) s 93GA(1B) – Firing at dwelling-houses or buildings - ‘Drive-by’ shooting

Legislation Cited:

Crimes Act 1900 (NSW) s 93GA(1B)

Crime (Sentencing Procedure) Act 1999 (NSW)

Firearms Act 1996 (NSW) s 7(1)

Cases Cited:

White v R [2016] NSWCCA 190

Bugmy v R (2013) 249 CLR 571

Moiler v R [2021] NSWCCA 73

Category:

Sentence

Parties:

NSW Director of Public Prosecutions (Crown)
Regan Yousiph (Offender)

Representation:

Counsel:
Kay Marinos (Crown)
Thomas Jones (Offender)

Solicitors:
Jennifer Katrib (Crown)
Andrew Sant (Offender)

File Number(s):

2022/229882

Publication restriction:

Non-publication order in place in relation to the actual names of the victim, SL, and SL’s father and mother.

JUDGMENT

Introduction

1. The offender, Regan Yousiph, is to be sentenced having pleaded guilty to the following charges: that on 9 April 2022 in Canley Vale, he, in the course of an organised criminal activity, fired a firearm at a dwelling house located at an address which is particularised in the charge on the indictment, with reckless disregard for the safety of another person. That is an offence under s 93GA(1B) of the Crimes Act 1900 (NSW), and has a maximum penalty of 16 years imprisonment, and there is an applicable standard non-parole period of six years. I will refer to that offence in these remarks as the shooting offence.

2. The second charge is a charge that on 4 August 2022 at Smithfield, the offender possessed a pistol, namely a 9 x 19 millimetre black coloured pistol, not being authorised to do so by a licence. That is an offence under s 7(1) of the Firearms Act 1996 (NSW), and has a maximum penalty of 14 years imprisonment, and there is an applicable standard non-parole period of four years.

The Facts

3. The facts are agreed, and the following is taken from the agreed facts.

4. Shortly before 11 pm on Saturday, 9 April 2022, a shooting occurred at the dwelling house located at the address particularised on the indictment. This offender, along with the co-offender, Steven Hirmiz, who went to trial and was found guilty by a jury, and who I will sentence later today, were in a joint criminal enterprise, when shortly before 11pm on Saturday, 9 April 2022, they fired two firearms at the dwelling house particularised in the charge, as they drove past it in a hired utility vehicle.

5. A third offender, I will refer to as a co-offender, Mr Alen Yousif, who I will sentence once I've sentenced Mr Regan Yousiph, was an accessory before the fact to the shooting.

6. At the time of the offence, this offender resided at 7…