R v Shareef [2019] NSWDC 651

R v Shareef [2019] NSWDC 651

The offender was sentenced to 4 years and 6 months imprisonment, including a non-parole period of 3 years, due to objective gravity below mid-range, contrition, prospects of rehabilitation, antecedent history, and the taking into account of the Form 1 offence. Special circumstances were found warranting an extended parole period.

Parties
Crown: Regina; Offender: Mohammed Alfaaz Shareef
Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Armed Robbery, Offensive Weapon, Sentencing, Form 1 Offences, Maximum Penalty, General Principles
Criminal Law Armed Robbery Offensive Weapon Sentencing Form 1 Offences Maximum Penalty General Principles

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Parties

Regina

Crown

Mohammed Alfaaz Shareef

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for armed robbery with an offensive weapon
  2. 2 Consideration of Form 1 offence for recklessly dealing with proceeds of crime
  3. 3 Assessment of aggravating and mitigating factors

Ratio Decidendi

The offender was sentenced to 4 years and 6 months imprisonment, including a non-parole period of 3 years, due to objective gravity below mid-range, contrition, prospects of rehabilitation, antecedent history, and the taking into account of the Form 1 offence. Special circumstances were found warranting an extended parole period.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Term of imprisonment of 4 years and 6 months including a non-parole period of 3 years commencing 19 September 2018 and expiring 18 March 2023.
  • Form 1 offence certified and taken into account.