R v Steven Hirmiz

[2024] NSWDC 532

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Steven HIRMIZ [2024] NSWDC 532

Hearing dates:

6 September 2024

Date of orders:

20 September 2024

Decision date:

20 September 2024

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

1. In relation to sequence 1, the offender is sentenced to imprisonment of 7 years and 6 months, commencing on 4 August 2022 and expiring on 3 February 2030, with a non-parole period of 5 years, expiring on 3 August 2027.   

2. In relation to sequence 3, the offender is sentenced to a community correction order for a period of 2 years, commencing on 20 September 2024 and expiring on 19 September 2026.

Catchwords:

SENTENCING - Crimes Act 1900 (NSW) s 93GA(1B) - Firing at dwelling-houses or buildings

Legislation Cited:

Crimes Act 1900 (NSW), s 93GA(1B)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5AA, 21A(2)(e)

Cases Cited:

White v R [2016] NSWCCA 190

Category:

Sentence

Parties:

NSW Director of Public Prosecutions (Crown)
Steven Hirmiz (Offender)

Representation:

Counsel:
Kay Marinos (Crown)
Derek Drewett (Offender)

Solicitors:
Jennifer Katrib (Crown)
James Drewett (Offender)

File Number(s):

2022/00229506

Publication restriction:

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

JUDGMENT

1. The offender Steven Hirmiz is to be sentenced having been found guilty by a jury after trial of the following offence: That on 9 April 2022 in Canley Vale in the course of an organised criminal activity, he fired a firearm at a dwelling house located at an address particularised in the count on the indictment of which the jury convicted him, with reckless disregard for the safety of another person. That is an offence under s 93GA(1B) of the Crimes Act 1900 (NSW). It has a maximum penalty of 16 years imprisonment and there is an applicable standard non‑parole period of six years imprisonment. I will refer to this offence in these remarks as the shooting offence.

2. The offender Mr Hirmiz is also to be sentenced having pleaded guilty to an offence that on 4 August 2022 at Abbotsbury he possessed a prohibited firearm, namely a replica pistol, not being authorised to do so by a permit or licence. That offence has a maximum penalty of 14 years imprisonment and there is an applicable standard non-parole period of four years.

The Facts

3. In relation to the shooting offence, as this is a sentence after trial, I am required to find facts consistent with the jury's verdict. To the extent that I find facts adverse to the offender I am required to find them beyond reasonable doubt. To the extent that I find them favourable to the offender I am required to find them on the balance of probabilities.

4. The offender was in a joint criminal enterprise together with Regan Yousiph (who I have already sentenced on the basis of agreed facts), when they, in the course of an organised criminal activity, drove past the victim's residential home at the residential address particularised in the indictment,…