R v Katahie [2019] NSWDC 568

R v Katahie [2019] NSWDC 568

Given the offender's limited role, contrition, prospects for rehabilitation, and parity with co-offenders, a community-based sentence with supervision and a pecuniary penalty is appropriate, rather than full-time custody.

Parties
Crown: Regina; Crown: Director of Public Prosecutions (NSW); Offender: Hany Katahie
Jurisdiction
Australia
Judgment Date
17 July 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction recorded; Community Corrections Order imposed; Pecuniary penalty ordered.
Legal Topics
Forfeiture Order, Sentencing Procedure, Co Offenders, Agreed Facts
Crime Sentencing Proceeds of Crime Forfeiture Order Sentencing Procedure Co Offenders Agreed Facts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

Director of Public Prosecutions (NSW)

Crown

Hany Katahie

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for participating in fraudulent sale of a stolen vessel with altered hull identification number
  2. 2 Forfeiture of proceeds of crime for the offence

Ratio Decidendi

Given the offender's limited role, contrition, prospects for rehabilitation, and parity with co-offenders, a community-based sentence with supervision and a pecuniary penalty is appropriate, rather than full-time custody.

Court Disposition

Conviction recorded; Community Corrections Order imposed; Pecuniary penalty ordered.

Orders

  • Offender convicted and dealt with by way of a Community Corrections Order under s 9 Crimes (Sentencing Procedure) Act 1999 for 18 months, with standard conditions and supervision by Community Corrections.
  • Offender to report to Bankstown Community Corrections by 19 July 2019.