R v Shadi Salameh [2017] NSWDC 138

R v Shadi Salameh [2017] NSWDC 138

Given the objective seriousness of the car re-birthing and proceeds of crime offences, the offender’s dominant role, aggravating factors, combined with the need for general and specific deterrence, and taking into account the plea of guilty and special circumstances, an aggregate sentence of 6 years imprisonment with a non-parole period of 3 years and 3 months is appropriate. The parole ratio is varied due to special circumstances related to rehabilitation prospects and youth. Principle of parity applied, but offender's higher culpability justified a sentence not less than co-offender Nabulsi.

Parties
Prosecution: Director of Public Prosecutions (Crown); Offender: Shadi Salameh
Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence; aggregate sentence imposed.
Legal Topics
Car Re Birthing, Dealing With Proceeds of Crime, Sentencing Principles, Parity in Sentencing, Aggregate Sentence
Criminal Law Car Re Birthing Dealing With Proceeds of Crime Sentencing Principles Parity in Sentencing Aggregate Sentence

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Shadi Salameh

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for car re-birthing and proceeds of crime offences
  2. 2 Application of parity principle in sentencing
  3. 3 Application of general and specific deterrence

Ratio Decidendi

Given the objective seriousness of the car re-birthing and proceeds of crime offences, the offender’s dominant role, aggravating factors, combined with the need for general and specific deterrence, and taking into account the plea of guilty and special circumstances, an aggregate sentence of 6 years imprisonment with a non-parole period of 3 years and 3 months is appropriate. The parole ratio is varied due to special circumstances related to rehabilitation prospects and youth. Principle of parity applied, but offender's higher culpability justified a sentence not less than co-offender Nabulsi.

Court Disposition

Full time custodial sentence; aggregate sentence imposed.

Orders

  • Convicted of H 62829984/1: knowingly facilitate car re-birthing (Punchbowl offence) pursuant to s 154G Crimes Act 1900.
  • Convicted of H 62005263/2: recklessly deal with proceeds of crime pursuant to s 193B(3) Crimes Act 1900.