R v ATTAR, Ali; HAWAT, Hasan & HUYNH, John [2010] NSWDC 199

R v ATTAR, Ali; HAWAT, Hasan & HUYNH, John [2010] NSWDC 199

The robbery was a planned inside-assisted robbery of substantial cash, with roles allocated for intelligence, planning, recruitment, execution, getaway driving and delivery of the proceeds. Attar was the conceiver, leader, recruiter and destination for the loot; Huynh facilitated the offence through inside information and a breach of trust to his employer and the victim; Hawat joined later and drove the getaway vehicle. The offence was midrange, in the upper quadrant for Attar and Huynh and lower quadrant for Hawat. Significant imprisonment was required, but because of the guilty pleas, assistance, subjective circumstances, rehabilitation prospects and the Crown not seeking full-time...

Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Criminal Sentencing for Robbery / Sentence After Guilty Pleas
Outcome
All three offenders were convicted of robbery. John Huynh was sentenced to 2 years and 6 months imprisonment with a non-parole period of 22 months, to be served by periodic detention. Ali Attar was sentenced to 2 years and 2 months imprisonment with a non-parole period of 20 months, to be served by periodic...
Legal Topics
['robbery' 'co Offenders' 'common Purpose' 'objective Criminality' 'guilty Pleas' 'periodic Detention' 'suspended Sentence' 'general Deterrence' 'personal Deterrence']
['criminal Law' 'sentencing'] ['robbery' 'co Offenders' 'common Purpose' 'objective Criminality' 'guilty Pleas' 'periodic Detention' 'suspended Sentence' 'general Deterrence' 'personal Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing for Robbery / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective criminality of a planned robbery of department store takings involving co-offenders with assigned roles.' "Determination of each offender's role and relative culpability in the robbery." 'Whether significant imprisonment was required and whether it should be served by full-time custody, periodic detention, or suspended sentence.' 'Allowance for guilty pleas, assistance, subjective circumstances, deterrence, rehabilitation, and parity.']

Ratio Decidendi

The robbery was a planned inside-assisted robbery of substantial cash, with roles allocated for intelligence, planning, recruitment, execution, getaway driving and delivery of the proceeds. Attar was the conceiver, leader, recruiter and destination for the loot; Huynh facilitated the offence through inside information and a breach of trust to his employer and the victim; Hawat joined later and drove the getaway vehicle. The offence was midrange, in the upper quadrant for Attar and Huynh and lower quadrant for Hawat. Significant imprisonment was required, but because of the guilty pleas, assistance, subjective circumstances, rehabilitation prospects and the Crown not seeking full-time...

Court Disposition

All three offenders were convicted of robbery. John Huynh was sentenced to 2 years and 6 months imprisonment with a non-parole period of 22 months, to be served by periodic detention. Ali Attar was sentenced to 2 years and 2 months imprisonment with a non-parole period of 20 months, to be served by periodic...

Orders

  • ['John Huynh is convicted of robbing Jenny W of certain property, namely $60,017 in cash, the property of Bing Lee Store in Bankstown, between 10.20am and 10.45am on 7 October 2008 at Bankstown.' 'John Huynh is sentenced to a non-parole period of 22 months and a balance of term of 8 months, to be served by way of...