R v Elbadar [2012] NSWSC 1492

R v Elbadar [2012] NSWSC 1492

The affray was an objectively particularly serious example because it involved planning and premeditation, a large group, weapons including firearms, actual violence, and risk to members of the public, although it was not in the worst category and the offender's role was limited to presence with intent to assist without active violence or knowledge of firearms. The false evidence offences were objectively serious because the offender wilfully lied to the NSW Crime Commission about crucial matters while it investigated grave violence that caused an innocent person's death. Imprisonment was required, reduced for the guilty pleas and mitigated by the offender's limited role, psychological...

Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Convicted of affray and two offences of giving false evidence to the NSW Crime Commission; sentences of imprisonment imposed and suspended on conditions of good behaviour bonds.
Legal Topics
['affray' 'giving False Evidence to the NSW Crime Commission' 'sentencing' 'guilty Plea' 'suspended Sentence' 'objective Seriousness' 'general Deterrence' 'psychological Condition']
['criminal Law'] ['affray' 'giving False Evidence to the NSW Crime Commission' 'sentencing' 'guilty Plea' 'suspended Sentence' 'objective Seriousness' 'general Deterrence' 'psychological Condition']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty plea to affray arising from the events at Milperra on 25 June 2009." 'What sentence should be imposed for two offences of giving false evidence to the NSW Crime Commission about the events of 25 June 2009.' 'Whether the discharge of loaded firearms and the risk to bystanders could be considered in assessing the objective gravity of the affray despite the offender not being punished for manslaughter.' "How the offender's limited role, psychological conditions, prior custody, guilty pleas and prospects of rehabilitation affected sentence."]

Ratio Decidendi

The affray was an objectively particularly serious example because it involved planning and premeditation, a large group, weapons including firearms, actual violence, and risk to members of the public, although it was not in the worst category and the offender's role was limited to presence with intent to assist without active violence or knowledge of firearms. The false evidence offences were objectively serious because the offender wilfully lied to the NSW Crime Commission about crucial matters while it investigated grave violence that caused an innocent person's death. Imprisonment was required, reduced for the guilty pleas and mitigated by the offender's limited role, psychological...

Court Disposition

Convicted of affray and two offences of giving false evidence to the NSW Crime Commission; sentences of imprisonment imposed and suspended on conditions of good behaviour bonds.

Orders

  • ['Tarek Elbadar is convicted of the offence of affray.' 'For affray, a sentence of one year and 8 months imprisonment is imposed.' 'Execution of the affray sentence is suspended and the offender is directed to be released from custody on condition that he enter into a good behaviour bond for a period equal to that...