R v Sabbouh [2022] NSWDC 281

R v Sabbouh [2022] NSWDC 281

The objective gravity of the offences was assessed as below but not significantly below mid-range. No penalty other than imprisonment is appropriate, but sentence should be served by way of an Intensive Corrections Order, bringing to account time in custody, harsh initial bail conditions, and strong prospects of rehabilitation. General deterrence and denunciation remain particularly important given the nature of the offending.

Jurisdiction
Australia
Judgment Date
19 May 2022
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 2 years 4 months to be served by way of intensive correction in the community
Legal Topics
['firearms Offences' 'sentencing' 'intensive Corrections Order' 'accessory After the Fact']
['criminal Law'] ['firearms Offences' 'sentencing' 'intensive Corrections Order' 'accessory After the Fact']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for unauthorised acquisition of firearm part and being accessory after the fact to firearms discharge offence' 'Availability of Intensive Corrections Order' 'Assessment of objective gravity and moral culpability']

Ratio Decidendi

The objective gravity of the offences was assessed as below but not significantly below mid-range. No penalty other than imprisonment is appropriate, but sentence should be served by way of an Intensive Corrections Order, bringing to account time in custody, harsh initial bail conditions, and strong prospects of rehabilitation. General deterrence and denunciation remain particularly important given the nature of the offending.

Court Disposition

Aggregate term of imprisonment of 2 years 4 months to be served by way of intensive correction in the community

Orders

  • ['The offender is convicted of all offences to which he pleaded guilty.' 'For Sequence 3, acquire firearm part, sentenced to 1 year 3 months (after 25% discount for plea).' 'For accessory after the fact, sentenced to 2 years 3 months (after 25% discount for plea).' 'Aggregate sentence of 2 years 4 months...