R v Jebara [2020] NSWDC 182

R v Jebara [2020] NSWDC 182

Given the seriousness of the unlawful entry offences, the presence of occupants in several incidents, the aggravating circumstances of Count 2 and the Form 1 intimidation related to Count 5, Mr Jebara's lengthy criminal history, and the need for public protection, deterrence, accountability, punishment and denunciation, imprisonment was the only appropriate penalty. Because the offences occurred within a confined period and all but one occurred on the same day, an aggregate sentence with some concurrency was appropriate. After allowing a 25% discount for the early guilty pleas and finding special circumstances due to drug addiction, the Court imposed an aggregate sentence of four years...

Jurisdiction
Australia
Judgment Date
06 April 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Aggregate sentence of imprisonment for 4 years, with a non-parole period of 2 years and 6 months.
Legal Topics
['break and Enter' 'entering Dwelling House With Intent to Commit Serious Indictable Offence' 'form 1 Offences' 'stalk or Intimidate' 'aggregate Sentence' 'guilty Plea' 'special Circumstances' 'drug Addiction']
['criminal Law' 'sentencing'] ['break and Enter' 'entering Dwelling House With Intent to Commit Serious Indictable Offence' 'form 1 Offences' 'stalk or Intimidate' 'aggregate Sentence' 'guilty Plea' 'special Circumstances' 'drug Addiction']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for five unlawful entry offences, with a Form 1 offence and a related possession of prohibited drug offence taken into account.' 'Whether an aggregate sentence was appropriate given the offences occurred within a confined period and mostly on the same day.' 'Whether special circumstances should be found because of drug addiction.' 'Whether imprisonment was the only appropriate penalty under s 5 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Given the seriousness of the unlawful entry offences, the presence of occupants in several incidents, the aggravating circumstances of Count 2 and the Form 1 intimidation related to Count 5, Mr Jebara's lengthy criminal history, and the need for public protection, deterrence, accountability, punishment and denunciation, imprisonment was the only appropriate penalty. Because the offences occurred within a confined period and all but one occurred on the same day, an aggregate sentence with some concurrency was appropriate. After allowing a 25% discount for the early guilty pleas and finding special circumstances due to drug addiction, the Court imposed an aggregate sentence of four years...

Court Disposition

Aggregate sentence of imprisonment for 4 years, with a non-parole period of 2 years and 6 months.

Orders

  • ['The aggregate sentence imposed on Allam Jebara is imprisonment for a term of four years commencing from 30 January 2019 and concluding on 29 January 2023.' 'A non-parole period of two years and six months was fixed, making Allam Jebara eligible for parole on 29 July 2021.' 'Special circumstances were found in view...