R v El Khatib [2019] NSWDC 158

R v El Khatib [2019] NSWDC 158

The offences were serious middle-range corrupt-benefit offences involving more than two years of planned, secret and financially motivated receipt of benefits exceeding $345,000 plus use of a car, with favouritism to subcontractors and detriment to Linfox and other subcontractors. Given the breach of trust, need for general deterrence, lack of remorse or demonstrated rehabilitation, and the additional WJS Logistics offending, no penalty other than imprisonment was appropriate; the total term exceeded three years so an Intensive Correction Order was unavailable. Parity with Mr Uppal did not require a lesser sentence because Mr Uppal received a substantial discount and Mr El Khatib's breach...

Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Sentence / Sentencing After Jury Verdicts of Guilty on Six Counts of Corruptly Receiving Benefits Under S 249 B(1) of the Crimes Act 1900
Outcome
Mr El Khatib was convicted on six counts of corruptly receiving a benefit and sentenced to a total effective sentence of three years and nine months' imprisonment with a non-parole period of two years and three months.
Legal Topics
['corruptly Receiving Benefits' 'employee Corruption' 'breach of Trust' 'general Deterrence' 'aggregate Sentencing' 'intensive Correction Order' 'parity' 'non Parole Period']
['criminal Law' 'sentencing'] ['corruptly Receiving Benefits' 'employee Corruption' 'breach of Trust' 'general Deterrence' 'aggregate Sentencing' 'intensive Correction Order' 'parity' 'non Parole Period']

Case Brief

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Procedural Posture

Sentence / Sentencing After Jury Verdicts of Guilty on Six Counts of Corruptly Receiving Benefits Under S 249 B(1) of the Crimes Act 1900

Legal Issues

  1. 1 ['What facts adverse to the offender were proved consistently with the jury verdicts for the purposes of sentence.' 'The objective seriousness of the six offences of corruptly receiving benefits.' 'Whether the offending involving M & R Transport should be treated as one course of conduct and sentenced by an aggregate sentence.' 'Whether imprisonment was the only appropriate penalty and whether an Intensive Correction Order was available or appropriate.' 'The effect of parity with the sentence imposed on Mr Uppal.' 'Whether special circumstances justified a non-parole period below 75% of the aggregate sentence.']

Ratio Decidendi

The offences were serious middle-range corrupt-benefit offences involving more than two years of planned, secret and financially motivated receipt of benefits exceeding $345,000 plus use of a car, with favouritism to subcontractors and detriment to Linfox and other subcontractors. Given the breach of trust, need for general deterrence, lack of remorse or demonstrated rehabilitation, and the additional WJS Logistics offending, no penalty other than imprisonment was appropriate; the total term exceeded three years so an Intensive Correction Order was unavailable. Parity with Mr Uppal did not require a lesser sentence because Mr Uppal received a substantial discount and Mr El Khatib's breach...

Court Disposition

Mr El Khatib was convicted on six counts of corruptly receiving a benefit and sentenced to a total effective sentence of three years and nine months' imprisonment with a non-parole period of two years and three months.

Orders

  • ['Mr El Khatib is convicted upon six counts of corruptly receiving a benefit under s 249B of the Crimes Act 1900.' 'In respect of Count 11 of the indictment, Mr El Khatib is sentenced to a fixed term of imprisonment of 18 months, commencing on 17 March 2019 and to conclude on 16 September 2020.' 'In respect of...