R v Ahmad Alameddine; R v Lee McArthur [2018] NSWDC 43

R v Ahmad Alameddine; R v Lee McArthur [2018] NSWDC 43

The offences were objectively serious planned ram raid offences committed in company for financial gain, causing substantial property damage and disruption, and no penalty other than imprisonment was appropriate. The offenders' prior convictions, substantial damage and commission while on conditional liberty aggravated sentence, while remorse, good prospects of rehabilitation, guilty pleas and special circumstances mitigated it. Parity did not require equal sentences because McArthur was on parole with a more extensive criminal history, while Alameddine's serious medical condition made custody more onerous and slightly reduced moral culpability.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas Entered in the Week Before Trial
Outcome
Both offenders were convicted and sentenced to aggregate terms of imprisonment with non-parole periods and additional terms.
Legal Topics
['aggravated Break and Enter' 'larceny' 'take and Drive Conveyance Without Consent' 'aggregate Sentence' 'parity' 'totality' 'general Deterrence' 'specific Deterrence' 'remorse' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break and Enter' 'larceny' 'take and Drive Conveyance Without Consent' 'aggregate Sentence' 'parity' 'totality' 'general Deterrence' 'specific Deterrence' 'remorse' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas Entered in the Week Before Trial

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the aggravated break and enter and take and drive conveyance offences' 'Whether aggravating factors including prior convictions, substantial damage, conditional liberty and planned criminal activity were established' "Whether mitigating factors including remorse, prospects of rehabilitation and Alameddine's medical condition reduced sentence" 'Whether general and specific deterrence, parity, totality and special circumstances affected the sentence' 'Whether any penalty other than imprisonment was appropriate']

Ratio Decidendi

The offences were objectively serious planned ram raid offences committed in company for financial gain, causing substantial property damage and disruption, and no penalty other than imprisonment was appropriate. The offenders' prior convictions, substantial damage and commission while on conditional liberty aggravated sentence, while remorse, good prospects of rehabilitation, guilty pleas and special circumstances mitigated it. Parity did not require equal sentences because McArthur was on parole with a more extensive criminal history, while Alameddine's serious medical condition made custody more onerous and slightly reduced moral culpability.

Court Disposition

Both offenders were convicted and sentenced to aggregate terms of imprisonment with non-parole periods and additional terms.

Orders

  • ['Ahmed Alameddine is sentenced to an aggregate term of imprisonment consisting of a non‑parole period of 2 years and 3 months to date from 14 April 2017 and to expire on 13 July 2019 and an additional term of 2 years to expire on 13 July 2021.' 'Ahmed Alameddine is eligible to be released to parole on 13 July...