R v Hijazi [2021] NSWDC 330

R v Hijazi [2021] NSWDC 330

The Crown did not prove beyond reasonable doubt the contested drug possession offences because actual knowledge and possession were not the only rational inferences available, given the offender's denial and the access of other people to the premises and possible movement of items from Adelaide. The number-plate charge was also not proved because the items found were adhesive stickers and, in the form found, were not number-plates within reg 34(2). For the offences to which the offender pleaded guilty, full-time imprisonment was required because of the seriousness of possessing the crossbow, flick knife and imitation firearm while subject to prohibition orders, the risks to community...

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas to Counts 3, 4 and 5 and Two Related Offences; Determination of Contested Related Offences Under S 167 of the Criminal Procedure Act 1986 (nsw)
Outcome
The offender was found not guilty of the contested related offences, convicted on the guilty plea offences, and sentenced to full-time imprisonment for 17 months with a non-parole period of 13 months.
Legal Topics
['possession of Firearm Without Licence or Permit' 'possession of Prohibited Weapon Without Permit' 'breach of Firearms Prohibition Order' 'breach of Weapons Prohibition Order' 'contested Possession of Prohibited Drugs' 'possession of Number Plates or Resembling Number Plates' 'objective Seriousness' 'aggregate Sentence' 'intensive Corrections Order']
['criminal Law' 'sentencing' 'firearms and Weapons Offences' 'drug Offences' 'road Transport Vehicle Registration Offences'] ['possession of Firearm Without Licence or Permit' 'possession of Prohibited Weapon Without Permit' 'breach of Firearms Prohibition Order' 'breach of Weapons Prohibition Order' 'contested Possession of Prohibited Drugs' 'possession of Number Plates or Resembling Number Plates' 'objective Seriousness' 'aggregate Sentence' 'intensive Corrections Order']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas to Counts 3, 4 and 5 and Two Related Offences; Determination of Contested Related Offences Under S 167 of the Criminal Procedure Act 1986 (nsw)

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the offender possessed prohibited drugs, namely testosterone, Nandrolene and Trenbolone.' 'Whether adhesive stickers found in a vehicle glove box were number-plates that were not issued by or under the law of New South Wales or another State or Territory but could be mistaken for, or resemble, number-plates so issued.' 'What sentence should be imposed for possession of a Gonher cap gun, a Poelang Guillotine X crossbow, a Min Sheng flick knife, and related breaches of prohibition orders.' 'Whether the sentence should be served by full-time custody or by way of an Intensive Corrections Order.']

Ratio Decidendi

The Crown did not prove beyond reasonable doubt the contested drug possession offences because actual knowledge and possession were not the only rational inferences available, given the offender's denial and the access of other people to the premises and possible movement of items from Adelaide. The number-plate charge was also not proved because the items found were adhesive stickers and, in the form found, were not number-plates within reg 34(2). For the offences to which the offender pleaded guilty, full-time imprisonment was required because of the seriousness of possessing the crossbow, flick knife and imitation firearm while subject to prohibition orders, the risks to community...

Court Disposition

The offender was found not guilty of the contested related offences, convicted on the guilty plea offences, and sentenced to full-time imprisonment for 17 months with a non-parole period of 13 months.

Orders

  • ['I find the offender, Mohamed Hijazi, not guilty of the related offences which I have dealt with under s 167 of the Criminal Procedure Act 1986 (NSW), namely the three offences under s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW) and the additional offence under Reg 34(2) of the Road Transport (Vehicle...