R v ALLOUCHE, Bilal; R v EL CHAMI, Mohammed [2017] NSWDC 283

R v ALLOUCHE, Bilal; R v EL CHAMI, Mohammed [2017] NSWDC 283

Allouche’s possession of a loaded, functioning firearm justified a sentence within the mid‑range of seriousness, requiring a custodial sentence to give effect to general deterrence, taking into account totality of pre-existing sentences and custody. El Chami’s possession was at the lowest end of seriousness, his weapon being completely inoperable, justifying a non-custodial disposition. Both offenders entitled to 15% discount for guilty pleas.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Criminal Sentence / Sentence
Outcome
Allouche: convicted and sentenced to full-time imprisonment; El Chami: convicted, given s 9 good behaviour bond.
Legal Topics
['possession of Unlicenced Firearm' 'possession of Ammunition Without Licence' 'totality Principle' 'sentencing for Firearms Offences']
['criminal Law'] ['possession of Unlicenced Firearm' 'possession of Ammunition Without Licence' 'totality Principle' 'sentencing for Firearms Offences']

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for possession of unlicenced firearm and possession of ammunition without licence or permit for each offender; application of totality principle where time in custody has already been served for other related offences; consideration of objective and subjective seriousness; relevance of prior convictions; weight of general deterrence and rehabilitation; utilitarian benefit discount for early guilty pleas']

Ratio Decidendi

Allouche’s possession of a loaded, functioning firearm justified a sentence within the mid‑range of seriousness, requiring a custodial sentence to give effect to general deterrence, taking into account totality of pre-existing sentences and custody. El Chami’s possession was at the lowest end of seriousness, his weapon being completely inoperable, justifying a non-custodial disposition. Both offenders entitled to 15% discount for guilty pleas.

Court Disposition

Allouche: convicted and sentenced to full-time imprisonment; El Chami: convicted, given s 9 good behaviour bond.

Orders

  • ['El Chami: Enter into a good behaviour bond pursuant to s 9 Crimes (Sentencing Procedure) Act 1999 for two years, conditions as specified.' 'El Chami: For ammunition offence, convicted and fined $100 to be paid within 28 days.' 'Allouche: For firearms offence, convicted and sentenced to 3 years 4 months total...