R v Elbadar [2021] NSWDC 290

R v Elbadar [2021] NSWDC 290

The court held that the accessory after the fact offences were in the mid-range of objective seriousness because the offender took possession of the Smith & Wesson pistol knowing it had been used in the Newtown shootings and the purpose was to assist the perpetrator to escape identification and arrest, despite the criminality being effectively one act. The possession of the Uzi submachine gun also warranted a mid-range assessment because it was a working prohibited firearm capable of rapid fire, kept unsecured with a compatible loaded magazine nearby. Given the seriousness of the firearm offending, prior firearm history, need for deterrence and community protection, and after considering...

Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Full-time custodial sentence imposed.
Legal Topics
['accessory After the Fact to Firing Firearm' 'possession of Unauthorised Firearm' 'possession of Prescribed Restricted Substances' 'possession of Prohibited Drug' 'form 1 Matters' 'section 166 Certificate' 'aggregate Sentence' 'utilitarian Discount' 'totality' 'special Circumstances']
['criminal Law' 'sentencing' 'firearms Offences' 'drug Offences'] ['accessory After the Fact to Firing Firearm' 'possession of Unauthorised Firearm' 'possession of Prescribed Restricted Substances' 'possession of Prohibited Drug' 'form 1 Matters' 'section 166 Certificate' 'aggregate Sentence' 'utilitarian Discount' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of two offences of being an accessory after the fact to firing a firearm at premises disregarding safety.' 'Assessment of the objective seriousness of possessing an unauthorised prohibited firearm, being an Uzi submachine gun.' 'Effect of Form 1 matters and the related s 166 certificate offence on sentence.' 'Appropriate utilitarian discount for guilty pleas.' "Relevance of the offender's criminal history, mental health, substance use, remorse and prospects of rehabilitation." 'Whether an Intensive Correction Order was appropriate or whether full-time custody was required.' 'Application of totality and whether special circumstances justified alteration of the statutory ratio.']

Ratio Decidendi

The court held that the accessory after the fact offences were in the mid-range of objective seriousness because the offender took possession of the Smith & Wesson pistol knowing it had been used in the Newtown shootings and the purpose was to assist the perpetrator to escape identification and arrest, despite the criminality being effectively one act. The possession of the Uzi submachine gun also warranted a mid-range assessment because it was a working prohibited firearm capable of rapid fire, kept unsecured with a compatible loaded magazine nearby. Given the seriousness of the firearm offending, prior firearm history, need for deterrence and community protection, and after considering...

Court Disposition

Full-time custodial sentence imposed.

Orders

  • ['The offender was convicted of sequence 3, accessory after the fact to firearm at other than dwelling house disregarding safety pursuant to s 93GA(1) and s 347 of the Crimes Act 1900.' 'The offender was convicted of sequence 4, accessory after the fact to firearm at other than dwelling house disregarding safety...