R v Abuquta, Haytham [2011] NSWDC 12

R v Abuquta, Haytham [2011] NSWDC 12

The offender's role as the recruited robber, his involvement in planning and the provision of the getaway car, his knowledge that the target was a woman, his forceful struggle with the victim and escalation to pain or injury to make her release the bag, and his financial benefit of at least $5,000 made the offence a serious example of robbery occasioning actual bodily harm requiring full-time incarceration. The defence did not establish mitigation based on threats or pressure. Allowing for parity, subjective factors, rehabilitation prospects, special circumstances and a 15 percent discount for the late guilty plea, the court imposed a sentence of 3 years and 3 months with a 19 month...

Jurisdiction
Australia
Judgment Date
21 January 2011
Procedural Posture
Criminal Law Sentence / Sentence After Guilty Plea
Outcome
Convicted of aggravated robbery and inflicting actual bodily harm; sentenced to imprisonment with a non-parole period of 19 months and a balance of term of 1 year and 8 months. The summary offence of failing to give details of the driver was withdrawn.
Legal Topics
['sentencing' 'aggravated Robbery' 'actual Bodily Harm' 'guilty Plea Discount' 'parity' 'common Purpose' 'withdrawal of Summary Charge']
['criminal Law'] ['sentencing' 'aggravated Robbery' 'actual Bodily Harm' 'guilty Plea Discount' 'parity' 'common Purpose' 'withdrawal of Summary Charge']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What facts and circumstances of the robbery were proved for sentencing purposes.' 'Whether the offender acted under pressure or threats from Ali Attar so as to mitigate his criminality.' 'Whether the offender knew the victim was to be a woman and intentionally used pain or injury to overcome her resistance.' "What objective criminality attached to the offender's role as the robber who inflicted actual bodily harm." 'What discount should be allowed for the utilitarian value of the late guilty plea.' 'Whether the summary charge of failing to give details of the driver should be withdrawn.']

Ratio Decidendi

The offender's role as the recruited robber, his involvement in planning and the provision of the getaway car, his knowledge that the target was a woman, his forceful struggle with the victim and escalation to pain or injury to make her release the bag, and his financial benefit of at least $5,000 made the offence a serious example of robbery occasioning actual bodily harm requiring full-time incarceration. The defence did not establish mitigation based on threats or pressure. Allowing for parity, subjective factors, rehabilitation prospects, special circumstances and a 15 percent discount for the late guilty plea, the court imposed a sentence of 3 years and 3 months with a 19 month...

Court Disposition

Convicted of aggravated robbery and inflicting actual bodily harm; sentenced to imprisonment with a non-parole period of 19 months and a balance of term of 1 year and 8 months. The summary offence of failing to give details of the driver was withdrawn.

Orders

  • ['Haytham Abuquta is convicted for robbing Jenny W of a sum of money, the property of Bing Lee, and at the time of the robbery inflicting actual bodily harm upon her.' 'The offender is sentenced to 19 months imprisonment, backdated to and commencing from 7 April 2010 and expiring on 6 November 2011.' 'The balance of...