R v Al Saleh [2019] NSWDC 465

R v Al Saleh [2019] NSWDC 465

The offender's firing of five rounds from a semi-automatic pistol from a moving vehicle in a residential area was extremely serious and dangerous and required imprisonment, denunciation and punishment. Although prior convictions and the presence of a child aggravated the sentence, the offender's guilty plea, remorse, good rehabilitation prospects, provocation, duress, reactivated PTSD symptoms reducing moral culpability, family circumstances and special circumstances justified a sentence of 3 years and 3 months with a 19 month non-parole period, and the ammunition offence was dealt with by conviction with no further penalty.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Criminal Sentence / Sentencing Following Guilty Pleas
Outcome
The offender was sentenced to imprisonment for 3 years and 3 months with a non-parole period of 19 months for firing a firearm in a manner likely to injure person or property; for possessing ammunition without holding a licence, permit or authority he was convicted with no further penalty under s 10A, and special...
Legal Topics
['aggravating Factors' 'presence of Child' 'record of Previous Convictions' 'mitigating Factors' 'provocation' 'duress' 'rehabilitation' 'remorse' 'plea of Guilty' 'mental Illness' 'special Circumstances' 'objective Seriousness' 'deterrence']
['criminal Law' 'sentencing' 'firearms Offences'] ['aggravating Factors' 'presence of Child' 'record of Previous Convictions' 'mitigating Factors' 'provocation' 'duress' 'rehabilitation' 'remorse' 'plea of Guilty' 'mental Illness' 'special Circumstances' 'objective Seriousness' 'deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for firing a firearm in a manner likely to injure person or property under s 93G(1)(c) of the Crimes Act 1900.' 'Whether the ammunition possession offence under s 65(3) of the Firearms Act 1996 should be dealt with under s 10A of the Crimes (Sentencing Procedure) Act 1999.' 'How aggravating factors, including prior convictions and commission of the offence in the presence of a child, affected sentence.' 'How mitigating factors, including provocation, duress, guilty plea, remorse, rehabilitation prospects, PTSD and family hardship, affected sentence.' 'Whether special circumstances justified an extended period of supervision.']

Ratio Decidendi

The offender's firing of five rounds from a semi-automatic pistol from a moving vehicle in a residential area was extremely serious and dangerous and required imprisonment, denunciation and punishment. Although prior convictions and the presence of a child aggravated the sentence, the offender's guilty plea, remorse, good rehabilitation prospects, provocation, duress, reactivated PTSD symptoms reducing moral culpability, family circumstances and special circumstances justified a sentence of 3 years and 3 months with a 19 month non-parole period, and the ammunition offence was dealt with by conviction with no further penalty.

Court Disposition

The offender was sentenced to imprisonment for 3 years and 3 months with a non-parole period of 19 months for firing a firearm in a manner likely to injure person or property; for possessing ammunition without holding a licence, permit or authority he was convicted with no further penalty under s 10A, and special...

Orders

  • ['The offender is convicted of the offence 003 Fire firearm in manner likely to injure person/property.' 'For offence 003, a sentence of imprisonment of 3 years, 3 months is imposed, to commence on 10 March 2018 and expire on 9 June 2021.' 'For offence 003, a non-parole period of 19 months is imposed, expiring on 9...