District Court
New South Wales
Medium Neutral Citation: R v Roth Mony [2021] NSWDC 188 Hearing dates: 09 April 2021 Date of orders: 12 April 2021 Decision date: 12 April 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [49] onwards
Catchwords: CRIMINAL LAW –– Firearm offences – Possess a prohibited firearm – Possess ammunition for a firearm without holding a licence or permit – Custody of one firearm part – Possess an unauthorised pistol
CRIMINAL LAW –– Drug offences – Possession of testosterone, trenbolone, ephedrine and cannabis leaf
SENTENCE –– Form 1 matters– Offender’s reason for possessing the firearms being protection was not a mitigating factor – Mitigating factors – early plea –remorse – Aggravating factors – prior record of possessing unauthorised or prohibited firearms
SENTENCE ––Where principles in R v Bugmy apply –Offender is assessed at Medium-High risk of reoffending – Where the court has found that the Offender has made positive progress by engaging with various programmes – Special circumstances found in relation to the Offender’s young age, need for extended parole and risk of institutionalisation
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 33, 21A
Drugs Misuse and Trafficking Act 1985 (NSW), s 10
Firearms Act 1996 (NSW), ss 4, 7, 74
Cases Cited: Attorney-General’s Application under Section 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Branko Balic, NSWCCA 29/9/97
Mack v R; Mack v R [2009] NSWCCA 216
R v AA (2006) NSWCCA 55
R v Kristic (2005) NSWCCA 391
Category: Sentence Parties: Regina (the Crown)
Roth Mony (the Offender)Representation: Counsel:
Solicitors:
Ms A Khandhar (the Crown)
Mr S Dayeian (the Offender)
Director of Public Prosecutions (the Crown)
Legal Aid NSW (the Offender)
File Number(s): 2020/00053320; 2020/00199119
Judgment
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Roth Mony has pleaded guilty and is to be sentenced in respect of the following matters:
Sequence 4: On 18 February 2020, at Wakely in the State of New South Wales, he did possess a prohibited firearm, namely a shortened Stirling Model 20 self-loading rifle not being authorised to do so by a licence or permit contrary to section 7(1) of the Firearms Act 1996 (NSW) (the 1996 Act). This offence carries a maximum penalty of 14 years imprisonment and a standard non-parole period of 4 years imprisonment. In sentencing the Offender in respect of this offence, I have been requested to take into account pursuant to section 33 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (the 1999 Act) an offence being sequence 9 on form 1B. This offence is that on 18 February 2020, at Wakely in the State of New South Wales, he did possess a prohibited weapon, namely a silencer, without being authorised to do so by permit contrary to section 7(1) of the Weapons Prohibition Act 1998 (the 1998 Act). This offence also carries a maximum penalty of 14 years imprisonment and a…
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- AGLC
- R v Roth Mony [2021] NSWDC 188
- Case
- [2021] NSWDC 188
- Decision Date
CaseChat Overview and Summary
The court was required to decide several legal issues, primarily focusing on the sentencing of the defendant. The defendant argued that his possession of firearms was for protection, which should be considered a mitigating factor. The court also had to consider the mitigating factors of the defendant’s early plea and remorse, as well as the aggravating factors of his prior record of possessing unauthorised or prohibited firearms. The application of principles from R v Bugmy was relevant, particularly in assessing the defendant’s risk of reoffending. The court considered the defendant's positive engagement with various programmes as a mitigating factor, alongside special circumstances such as his young age, need for extended parole, and risk of institutionalisation.
The court found that the defendant’s reason for possessing the firearms did not mitigate his sentence, but acknowledged the mitigating factors of his early plea and remorse. The prior record of possessing unauthorised or prohibited firearms was an aggravating factor. Applying the principles from R v Bugmy, the defendant was assessed at a medium-high risk of reoffending. However, the court also recognised his positive engagement with rehabilitation programmes and the special circumstances of his young age and risk of institutionalisation. The court ultimately determined that these factors warranted a specific form of sentence, which was outlined in the detailed orders section of the judgement.
Orders
Orders of the court
See [49] onwards
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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