R v Hamouda [2019] NSWDC 873

R v Hamouda [2019] NSWDC 873

Given the objective seriousness of the offences (at or just below mid-range), the offender’s role as principal in the second degree, the low risk of reoffending, extensive rehabilitation efforts, and support for community safety, the appropriate sentence is an aggregate of three years’ imprisonment to be served by way of Intensive Corrections Order with specified conditions.

Parties
Crown: Regina; Offender: Nasim Hamouda
Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of three years’ imprisonment by way of Intensive Corrections Order.
Legal Topics
Sentencing, Aggravated Break and Enter, Larceny, Drug Addiction, Intensive Corrections Order, Rehabilitation
Criminal Law Sentencing Aggravated Break and Enter Larceny Drug Addiction Intensive Corrections Order Rehabilitation

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Parties

Regina

Crown

Nasim Hamouda

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for aggravated break and enter and larceny, given the offender’s role, drug addiction, rehabilitation, and community protection?
  2. 2 Should the sentence be served by way of Intensive Corrections Order instead of full-time custody?

Ratio Decidendi

Given the objective seriousness of the offences (at or just below mid-range), the offender’s role as principal in the second degree, the low risk of reoffending, extensive rehabilitation efforts, and support for community safety, the appropriate sentence is an aggregate of three years’ imprisonment to be served by way of Intensive Corrections Order with specified conditions.

Court Disposition

Aggregate sentence of three years’ imprisonment by way of Intensive Corrections Order.

Orders

  • Convicted of aggravated break, enter and steal; convicted of larceny; convicted of dealing with property suspected of being proceeds of crime.
  • Aggregate sentence of 3 years to be served by way of Intensive Corrections Order commencing 13 August 2019 and expiring 12 August 2022.