R v Haouchar [2018] NSWSC 885

R v Haouchar [2018] NSWSC 885

Although the principal offences were serious and the offender willingly provided limited but significant assistance by disposing of the gunmen's clothing, the objective gravity of the accessory offences fell in the lower range of offences of their class. The offender had already served about 3.5 years in custody referable to the offences and his guilty pleas warranted a reduction of about 15-20%. However, because there were two accessory offences to serious crimes and they were committed while the offender was on parole for other serious offences, a measure of further punishment was required. That requirement was met by a 2-year bond under s 9 of the Crimes (Sentencing Procedure) Act 1999...

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty to Being an Accessory After the Fact to Murder and an Accessory After the Fact to Shooting With Intent to Murder
Outcome
In respect of each offence, the offender was directed to enter into a s 9 bond to be of good behaviour for 2 years.
Legal Topics
['accessory After the Fact to Murder' 'accessory After the Fact to Shooting With Intent to Murder' 'guilty Pleas' 'pre Sentence Custody' 'section 9 Good Behaviour Bond' 'parole']
['criminal Law' 'sentencing'] ['accessory After the Fact to Murder' 'accessory After the Fact to Shooting With Intent to Murder' 'guilty Pleas' 'pre Sentence Custody' 'section 9 Good Behaviour Bond' 'parole']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty to Being an Accessory After the Fact to Murder and an Accessory After the Fact to Shooting With Intent to Murder

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's pleas of guilty to being an accessory after the fact to murder and to shooting with intent to murder." "Whether the offender's approximately 3.5 years of custody referable to the offences was sufficient punishment or whether further punishment was called for." "What allowance should be made for the utilitarian value of the offender's guilty pleas and information voluntarily supplied." 'Whether sentences for the two accessory offences should be wholly concurrent or involve some accumulation.']

Ratio Decidendi

Although the principal offences were serious and the offender willingly provided limited but significant assistance by disposing of the gunmen's clothing, the objective gravity of the accessory offences fell in the lower range of offences of their class. The offender had already served about 3.5 years in custody referable to the offences and his guilty pleas warranted a reduction of about 15-20%. However, because there were two accessory offences to serious crimes and they were committed while the offender was on parole for other serious offences, a measure of further punishment was required. That requirement was met by a 2-year bond under s 9 of the Crimes (Sentencing Procedure) Act 1999...

Court Disposition

In respect of each offence, the offender was directed to enter into a s 9 bond to be of good behaviour for 2 years.

Orders

  • ['Bilal Haouchar, in respect of each of the offences to which you have pleaded guilty, I direct that you enter into a bond to be of good behaviour for a period of 2 years.' 'The first condition of the bond is that the offender appear before the court if called upon to do so at any time during the term of the bond.'...