R v Hussein [2018] NSWDC 519

R v Hussein [2018] NSWDC 519

Because the call up for breach of the s 9 bonds was raised only after substantial delay, after bonds imposed four and a quarter years earlier had expired, no action should be taken on the breaches. For the principal offence, the offender participated in a planned joint criminal enterprise involving violence, threats, detention and taking of the victim's car, and he offended while on conditional liberty; however, his role was not that of planner, the detention was relatively brief, his plea attracted a 10% discount, his personal circumstances and rehabilitation prospects were favourable, and special circumstances justified a non-parole period shorter than the statutory ratio.

Jurisdiction
Australia
Judgment Date
11 December 2018
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty; Call Up for Breach of S 9 Bonds Considered
Outcome
Offender convicted and sentenced to imprisonment for 2 years and 3 months with a non-parole period of 1 year and 3 months; no action taken on breach of s 9 bonds; Form 1 matter taken into account.
Legal Topics
['aggravated Kidnapping' 'joint Criminal Enterprise' 'breach of S 9 Bonds' 'delay' 'conditional Liberty' 'late Plea of Guilty' 'special Circumstances' 'form 1 Offence']
['criminal Law' 'sentencing'] ['aggravated Kidnapping' 'joint Criminal Enterprise' 'breach of S 9 Bonds' 'delay' 'conditional Liberty' 'late Plea of Guilty' 'special Circumstances' 'form 1 Offence']

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty; Call Up for Breach of S 9 Bonds Considered

Legal Issues

  1. 1 ['Whether any action should be taken for breach of s 9 good behaviour bonds imposed in 2014 when the call up was raised belatedly after the bonds had expired.' "The objective seriousness of the offender's participation in detaining Jacob Aboeid without consent with the intention of obtaining a financial advantage." 'The aggravating effect of committing the offence while subject to s 9 bonds to be of good behaviour.' 'The appropriate sentence, plea discount, non-parole period and whether special circumstances existed.']

Ratio Decidendi

Because the call up for breach of the s 9 bonds was raised only after substantial delay, after bonds imposed four and a quarter years earlier had expired, no action should be taken on the breaches. For the principal offence, the offender participated in a planned joint criminal enterprise involving violence, threats, detention and taking of the victim's car, and he offended while on conditional liberty; however, his role was not that of planner, the detention was relatively brief, his plea attracted a 10% discount, his personal circumstances and rehabilitation prospects were favourable, and special circumstances justified a non-parole period shorter than the statutory ratio.

Court Disposition

Offender convicted and sentenced to imprisonment for 2 years and 3 months with a non-parole period of 1 year and 3 months; no action taken on breach of s 9 bonds; Form 1 matter taken into account.

Orders

  • ['No action is taken in respect of the breach of the s 9 bonds.' 'Aws Hussein is convicted of detaining Jacob Aboeid without his consent with the intention of obtaining a financial advantage.' 'The offender is sentenced to imprisonment for 2 years and 3 months.' 'A non-parole period of 1 year and 3 months is set,...