R v Regan Zia Yousiph [2024] NSWDC 541

R v Regan Zia Yousiph [2024] NSWDC 541

The appropriate sentence must reflect the objective seriousness of firing into a dwelling in the course of organised criminal activity and possession of a prohibited firearm. The offender's disadvantaged and traumatic background and mental health marginally reduce moral culpability, but significant planning and general deterrence are paramount. Aggravating factors include committing the offences on conditional liberty. The aggregate sentence is mitigated by guilty plea, remorse, and prospects for rehabilitation, and special circumstances are found given his background and mental health.

Parties
Crown: NSW Director of Public Prosecutions; Offender: Regan Yousiph
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Sentence / Post Conviction
Outcome
Conviction and aggregate sentence of full-time imprisonment imposed.
Legal Topics
Sentencing, Firearms Offences, Drive by Shooting, Organised Criminal Activity
Criminal Law Sentencing Firearms Offences Drive by Shooting Organised Criminal Activity

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Parties

NSW Director of Public Prosecutions

Crown

Regan Yousiph

Offender

Procedural Posture

Sentence / Post Conviction

Legal Issues

  1. 1 Appropriate sentence for firing at dwelling-house with reckless disregard under Crimes Act 1900 (NSW) s 93GA(1B)
  2. 2 Sentence for possession of pistol without authority under Firearms Act 1996 (NSW) s 7(1)
  3. 3 Assessment of objective seriousness and moral culpability

Ratio Decidendi

The appropriate sentence must reflect the objective seriousness of firing into a dwelling in the course of organised criminal activity and possession of a prohibited firearm. The offender's disadvantaged and traumatic background and mental health marginally reduce moral culpability, but significant planning and general deterrence are paramount. Aggravating factors include committing the offences on conditional liberty. The aggregate sentence is mitigated by guilty plea, remorse, and prospects for rehabilitation, and special circumstances are found given his background and mental health.

Court Disposition

Conviction and aggregate sentence of full-time imprisonment imposed.

Orders

  • Offender is sentenced to an aggregate term of imprisonment of 6 years and 8 months, with an aggregate non-parole period of 4 years and 5 months, commencing 4 August 2022.
  • Indicative sentence for shooting offence: 5 years and 8 months' imprisonment, non-parole period 3 years and 9 months.