R v Ah-Keni [2019] NSWDC 237

R v Ah-Keni [2019] NSWDC 237

Given the gravity and risk of the offending, and the existence of statutory aggravating factors, no penalty other than full-time custodial imprisonment is appropriate; sentences for the two offences run concurrently due to their essential unity of conduct, with a 25% discount applied for the guilty plea entered early.

Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to full-time imprisonment: 5 years and 3 months for use of unauthorised pistol; 3 years for firing firearm in public place; sentences to be served concurrently.
Legal Topics
['sentencing' 'use of Unauthorised Firearm' 'firing Firearm in Public' 'aggravating Factors' 'discount for Guilty Plea']
['criminal Law'] ['sentencing' 'use of Unauthorised Firearm' 'firing Firearm in Public' 'aggravating Factors' 'discount for Guilty Plea']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for use of unauthorised pistol under s 7 Firearms Act 1996 (NSW)' 'Appropriate sentence for firing firearm in public place under s 93G(1)(b) Crimes Act 1990 (NSW)' 'Whether aggravating factors exist in the manner of offending' 'Appropriate application of guilty plea discount' 'Whether sentences should be concurrent or cumulative']

Ratio Decidendi

Given the gravity and risk of the offending, and the existence of statutory aggravating factors, no penalty other than full-time custodial imprisonment is appropriate; sentences for the two offences run concurrently due to their essential unity of conduct, with a 25% discount applied for the guilty plea entered early.

Court Disposition

The offender is sentenced to full-time imprisonment: 5 years and 3 months for use of unauthorised pistol; 3 years for firing firearm in public place; sentences to be served concurrently.

Orders

  • ['Sentence for use of unauthorised pistol: 5 years and 3 months from 24 October 2018, non-parole period 3 years 11 months expiring 23 September 2022, balance 1 year 4 months expiring 23 January 2024.' 'Sentence for firing firearm in a public place: 3 years fixed term from 24 October 2018 expiring 23 October 2021.'...