R v Haouchar

INTRODUCTION

1. The accused, Mahamad Haouchar, stands before me for trial by Judge alone. On 17 February 2025, the accused was arraigned and pleaded not guilty to the following 13 counts, namely, that he, 1. on or about 1 December 2020 to 28 April 2021, at Yagoona in the State of New South Wales, did participate in a criminal group, knowing that it was a criminal group, and knowing that his participation in that group contributed to the occurrence of criminal activity, contrary to s 93T(1) of the Crimes Act 1900 (NSW), 2. on or about 28 April 2021, at Yagoona in the State of New South Wales, did possess more than three firearms, one of which was a pistol, namely, four firearms, namely a DENIX imitation self-loading pistol, a Smith and Wesson revolver, a Harrington & Richardson Arms revolver, and a Heckler and Koch .45 pistol, that were not registered and he was not authorised by license or permit to possess them, contrary to s 51D(2) of the Firearms Act 1996 (NSW), 3. in the alternative to Count 2, that on or about 28 April 2021, at Yagoona, in the State of New South Wales, did possess a pistol, namely, a DENIX imitation self-loading pistol, not being authorised to do so by a licence or permit, contrary to s 7(1) of the Firearms Act 1996 (NSW), 4. in the alternative to Count 2, that on or about 28 April 2021, at Yagoona, in the State of New South Wales, did possess a pistol, namely, a loaded Smith and Wesson revolver, not being authorised to do so by a licence or permit, contrary to s 7(1) of the Firearms Act 1996 (NSW), 5. in the alternative to Count 2, that on or about 28 April 2021, at Yagoona, in the State of New South Wales, did possess a prohibited pistol, namely, a loaded Harrington & Richardson Arms revolver, not being authorised to do so by a licence or permit, contrary to s 7(1) of the Firearms Act 1996 (NSW), 6. in the alternative to Count 2, that on or about 28 April 2021, at Yagoona, in the State of New South Wales, did possess a prohibited pistol, namely, a loaded Heckler and Koch .45 pistol, not being authorised to do so by a licence or permit, contrary to s 7(1) of the Firearms Act 1996 (NSW), 7. on or about 28 April 2021, at Yagoona, in the State of New South Wales, did possess a stolen firearm, namely, a loaded Heckler and Koch .45 pistol, contrary to s 51H(1) of the Firearms Act 1996 (NSW), 8. on or about 28 April 2021 at Yagoona, in the State of New South Wales, did possess a stolen firearm, namely, a loaded Smith and Wesson .38 special revolver, contrary to s 51H(1) of the Firearms Act 1996 (NSW), 9. on or about 28 April 2021, at Yagoona, in the State of New South Wales, did possess a prohibited weapon, namely, two metal rifle magazines with a capacity of greater than five rounds, without being authorised to do so by a permit, contrary to s 7(1) of the Firearms Act 1996 (NSW), 10. on or about 28 April 2021, at Yagoona, in the State of New South Wales, did supply a prohibited drug, namely, heroin, an amount not less than the small quantity applicable to the prohibited drug, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), 11. on or about 28 April 2021, at Yagoona, in the State of New South Wales, did supply of an amount of a prohibited drug, namely, cocaine being an amount which was not less than the large commercial quantity applicable to that prohibited drug, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), 12. on or about 28 April 2021, at Yagoona, in the State of New South Wales, did supply of an amount of a prohibited drug, namely, methylamphetamine being an amount which was not less than the indictable quantity applicable to that prohibited drug, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), 13. on or about 28 April 2021, at Yagoona, in the State of New South Wales, did supply a prohibited drug, namely, 3,4-methylenedioxymethylamphetamine, an amount which was not less than the commercial quantity applicable to that prohibited drug, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW).