R v Aboukhalil [2019] NSWDC 408

R v Aboukhalil [2019] NSWDC 408

The offence was in the middle of the range of objective seriousness for robbery in company with wounding: it was planned, involved four offenders, a knife and a gun, the ambush of a victim who had stopped to help, the taking of a valuable vehicle, and a serious knife wound causing tendon and nerve damage and emotional harm. Although Mr Aboukhalil did not personally carry the knife or inflict the wound, he knew of the weapons and foresaw their use, and his conviction was for a more serious offence than the offences for which Mr Guirguis was sentenced. Taking into account rehabilitation prospects, limited prior record, onerous bail, parity, a 10% discount for the plea to the lesser charge...

Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Criminal Sentence / Sentencing After Jury Verdict of Guilty for Robbery in Company With Wounding Under S 98 of the Crimes Act 1900
Outcome
Ibrahem Aboukhalil was convicted and sentenced to imprisonment for seven years with a non-parole period of four years.
Legal Topics
['robbery in Company With Wounding' 'violent Offence' "parity With Co Offender's Sentence" 'utilitarian Value of Plea to Lesser Charge' 'victim Impact Statement' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery in Company With Wounding' 'violent Offence' "parity With Co Offender's Sentence" 'utilitarian Value of Plea to Lesser Charge' 'victim Impact Statement' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Jury Verdict of Guilty for Robbery in Company With Wounding Under S 98 of the Crimes Act 1900

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in company with wounding under s 98 of the Crimes Act 1900.' 'Whether the offence was aggravated by use of weapons, substantial injury and planned criminal activity.' "What weight should be given to the offender's plea to a lesser alternative charge and narrowing of the issues at trial." 'Whether parity with the sentence imposed on co-offender Matthew Guirguis affected the sentence.' 'Whether special circumstances justified a non-parole period below two-thirds of the head sentence.']

Ratio Decidendi

The offence was in the middle of the range of objective seriousness for robbery in company with wounding: it was planned, involved four offenders, a knife and a gun, the ambush of a victim who had stopped to help, the taking of a valuable vehicle, and a serious knife wound causing tendon and nerve damage and emotional harm. Although Mr Aboukhalil did not personally carry the knife or inflict the wound, he knew of the weapons and foresaw their use, and his conviction was for a more serious offence than the offences for which Mr Guirguis was sentenced. Taking into account rehabilitation prospects, limited prior record, onerous bail, parity, a 10% discount for the plea to the lesser charge...

Court Disposition

Ibrahem Aboukhalil was convicted and sentenced to imprisonment for seven years with a non-parole period of four years.

Orders

  • ['Ibrahem Aboukhalil is convicted of having on 7 June 2017, at Strathfield in the State of New South Wales, in the company of Haydar Alzanati, Jason Kahla and Matthew Guirguis, robbed Zachary Kennedy of a black Subaru Impreza motor vehicle, the property of Zachary Kennedy and at the time of the robbery wounding...