DPP v NZK

Key Words: Accessory after the fact of firing a firearm in a public place – Section 350 Crimes Act 1900 – section 93G Crimes Act 1900 – attempted aggravated break and enter – Section 113 Crimes Act 1900 sentence backdated to take account of time served

Facts:

NZK was charges with two offences, one relating to the firing of a firearm in a public place and the other relating to an attempted break and enter. NZK plead guilty to the offences, and the case proceeded to a sentencing hearing.

Outcome:

The defence entered comprehensive submissions in relation to NZK’s sentence. The sentencing judge took into account the fact that NZK was already serving a sentence in relation to the offences. The judge also took account of NZK’s impressive presentation during the hearing, and formed a favourable opinion on NZK’s remorse and prospects for rehabilitation.

NZK was sentenced to a relatively short sentence, given the objective seriousness of the offences. The sentence was backdated to take into account the time already served, and NZK will be able to apply for parole in the next few years.