R v Ahmad Hassoun [2016] NSWDC 409

R v Ahmad Hassoun [2016] NSWDC 409

The arson offence was around the middle, or perhaps a little below, in objective seriousness: it involved a deliberately lit fire using petrol at night in commercial premises for financial gain, created risk of property damage and some risk of injury, and caused extensive damage. However, the offender was not proved to have physically lit the fire, received no insurance payout, lost his business, had limited relevant criminal history, had demonstrated rehabilitation over eight years, was assessed as a low risk of reoffending, and was prejudiced by substantial unexplained delay. A custodial penalty of two years was required for count 1, but full-time custody was not necessary and the...

Jurisdiction
Australia
Judgment Date
11 November 2016
Procedural Posture
Criminal Sentence After Trial / Sentence Following Jury Convictions on Three Counts
Outcome
Offender convicted on each offence and sentenced to suspended terms of imprisonment by way of good behaviour bonds.
Legal Topics
['arson' 'attempting Dishonestly to Obtain Money by Deception' 'false Financial Records' 'insurance Fraud' 'delay' 'rehabilitation' 'suspended Sentence']
['criminal Law' 'sentencing'] ['arson' 'attempting Dishonestly to Obtain Money by Deception' 'false Financial Records' 'insurance Fraud' 'delay' 'rehabilitation' 'suspended Sentence']

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Procedural Posture

Criminal Sentence After Trial / Sentence Following Jury Convictions on Three Counts

Legal Issues

  1. 1 ["What sentence should be imposed for arson committed for financial gain by means of a deliberately lit fire at the offender's business premises." 'What sentence should be imposed for attempting dishonestly to obtain money by deception by lodging an insurance claim and for concurring in the making of false financial records.' 'Whether the sentences for the fraud offences should be concurrent with or partially accumulated on the arson sentence.' "What mitigating effect should be given to the lengthy and unexplained delay between the offences, the Coroner's inquiry, and the ex officio indictment." 'Whether the custodial sentence should be served by way of full-time custody or suspended sentence bonds.']

Ratio Decidendi

The arson offence was around the middle, or perhaps a little below, in objective seriousness: it involved a deliberately lit fire using petrol at night in commercial premises for financial gain, created risk of property damage and some risk of injury, and caused extensive damage. However, the offender was not proved to have physically lit the fire, received no insurance payout, lost his business, had limited relevant criminal history, had demonstrated rehabilitation over eight years, was assessed as a low risk of reoffending, and was prejudiced by substantial unexplained delay. A custodial penalty of two years was required for count 1, but full-time custody was not necessary and the...

Court Disposition

Offender convicted on each offence and sentenced to suspended terms of imprisonment by way of good behaviour bonds.

Orders

  • ['For each offence the offender is convicted.' 'For count 1 he is sentenced to a term of imprisonment of two years. The sentence is suspended pursuant to s 12 of Crimes (Sentencing Procedure) Act on his entering into a good behaviour bond for the period of the sentence, to come up for sentence at any time for any...