R v Salem Soukkar [2014] NSWDC 160

R v Salem Soukkar [2014] NSWDC 160

The offences fell within the R v Henry guideline but, because of their number, repeated and planned nature, heightened threats through use and activation of a handgun and taser, vulnerable victims, the North Richmond offence being committed in company, and the need for general and specific deterrence, only a full-time custodial aggregate sentence was appropriate. After allowing for the offender's guilty pleas, remorse, youth, prior good character, good rehabilitation prospects, assistance to authorities, Form 1 matters, parity and totality, an aggregate sentence of 7 years with a non-parole period of 4 years was just and appropriate.

Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Sentence / Remarks on Sentence Following Guilty Pleas to One Count of Attempted Robbery Armed With a Dangerous Weapon and Five Counts of Robbery Armed With an Offensive Weapon, With Two Form 1 Matters to Be Taken Into Account.
Outcome
The offender was convicted of each offence and sentenced to a full-time custodial aggregate sentence.
Legal Topics
['robbery Armed With an Offensive Weapon' 'attempted Robbery Armed With a Dangerous Weapon' 'guideline Judgment' 'aggregate Sentence' 'form 1 Offences' 'guilty Plea Discount' 'assistance to Law Enforcement Authorities' 'parity' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'attempted Robbery Armed With a Dangerous Weapon' 'guideline Judgment' 'aggregate Sentence' 'form 1 Offences' 'guilty Plea Discount' 'assistance to Law Enforcement Authorities' 'parity' 'totality' 'special Circumstances']

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Procedural Posture

Sentence / Remarks on Sentence Following Guilty Pleas to One Count of Attempted Robbery Armed With a Dangerous Weapon and Five Counts of Robbery Armed With an Offensive Weapon, With Two Form 1 Matters to Be Taken Into Account.

Legal Issues

  1. 1 ['What sentence should be imposed for one attempted armed robbery and five armed robberies committed over a short period.' 'Whether the guideline judgment in R v Henry (1999) 46 NSWLR 346 applied.' 'Whether an aggregate sentence should be imposed under s 53A of the Crimes (Sentencing Procedure) Act 1999.' 'How the Court should account for aggravating features, youth, prior good character, remorse, guilty pleas, assistance to authorities, Form 1 matters, parity and totality.']

Ratio Decidendi

The offences fell within the R v Henry guideline but, because of their number, repeated and planned nature, heightened threats through use and activation of a handgun and taser, vulnerable victims, the North Richmond offence being committed in company, and the need for general and specific deterrence, only a full-time custodial aggregate sentence was appropriate. After allowing for the offender's guilty pleas, remorse, youth, prior good character, good rehabilitation prospects, assistance to authorities, Form 1 matters, parity and totality, an aggregate sentence of 7 years with a non-parole period of 4 years was just and appropriate.

Court Disposition

The offender was convicted of each offence and sentenced to a full-time custodial aggregate sentence.

Orders

  • ['The offender was convicted of each of the offences and, pursuant to s 53A, an aggregate term of imprisonment was imposed.' 'An aggregate non-parole period of 4 years and a total aggregate term of imprisonment of 7 years were fixed.' 'The non-parole period of 4 years commences on 7 February 2014 and terminates on 6...