The NSW Police Force has recently announced a specialised taskforce named ‘Taskforce Magnus’ to investigate recent public place shootings, as well as alleged associated organised criminal activities.
The taskforce will examine links between the recent shootings in Sydney, going back to Alen Moradian in Bondi Junction on Tuesday 27 June 2023. It is led by the State Crime Command.
In July 2023, five people were shot over 5 days in Sydney’s south-west. This included three people who were shot in two separate cars on a Greenacre street.
25-year-old man, Ahmed Al Azzam, was shot in the head and later died from his injuries, whilst a 22- year-old man, Kaashif Richards and a 19-year-old woman, Achiraya Jantharat were left injured after being shot in the neck and back, respectively.
This was followed by 31-year-old solicitor Mahmoud Abbas being shot in his torso and right leg after being set upon by a gunman outside a residence in Greenacre. He was left in a serious but stable condition.
The day later, 28-year-old David Stemler was shot numerous times on Broughton Street, Canterbury. He was treated by paramedics at the scene, however shortly after died.
There is no evidence at present that the shootings are linked, nor have any arrests been made in relation to the crimes. It is reported that 18 people have been fatally shot since 2020, with suspected links to Sydney’s underworld.
Despite recent concerns, data from the NSW Bureau of Crime Statistics and Research shows that there has been ‘no increase in violent offences involving firearms or knives in the year to March 2023’.
Furthermore, ‘the number of murders, attempted murders, assaults, and robberies involving knives or firearms were lower in the year to March 2023 than in almost any other year in the past two decades’.
In New South Wales, offences related to firearms are largely contained in the Firearms Act 1996 (NSW). It is an offence to possess or use a firearm, pistol or prohibited firearm unless authorised to do so by a license or permit.
A ‘firearm’ is defined as a gun, or other weapon, that is (or was) capable of propelling a projectile by means of an explosive. This includes a blank fire firearm or air gun, but not a paintball marker.
A pistol is essentially a firearm that is reasonably capable of being raised and fired by one hand,
whereas a prohibited firearm refers to a specified list of firearms contained in Schedule 1 of the Act.
This includes machine guns, pump action shotguns, types of rifles as well as any firearm which has an article attached to it which muffles, reduces, or prevents noise created by firing the firearm.
Where the offence involves a firearm, a maximum penalty of 5 years imprisonment is applicable.
However, where the offence relates to a pistol or prohibited firearm, the maximum penalty is 14 years imprisonment.
Notably, both of these offences are classified as ‘table 2’ offences, which means that they will be dealt with in the Local Court unless the prosecution elects for the matter to be heard in the District Court.
In the Local Court, the maximum penalty is instead limited to 2 years imprisonment and/or a $5,500 fine, for a single offence.
Statistics reveal that if you have solely been charged with possession of a firearm, pistol or prohibited firearm or it is the ‘main’ offence, it is most likely that the matter will be dealt with in the Local Court.
If you are charged with possession of a firearm, the offence will be considered more serious where it is done in the course of involvement in crimes such as the supply of prohibited drugs or serious
assaults.
Other offences related to firearms are contained in the Crimes Act 1900 (NSW).
This includes section 33A(1) which criminalises discharging or attempting to discharge a firearm with intent to cause grievous bodily harm.
Grievous bodily harm is any ‘really serious injury’ and is defined to include any permanent or serious disfiguring of the person, the unlawful destruction of the foetus of a pregnant woman, and any grievous bodily disease.
The seriousness of an offence under this section will be aggravated if substantial injury is sustained. A maximum penalty of 25 years imprisonment is applicable.
There is also a standard non-parole period of 9 years, which acts as a guidepost for a sentencing judge when determining the period that the offender will spend in gaol before being able to apply for release on parole.
For more information on firearm offences, you can view our website or speak to our Principal Lawyer today.
