R v Mohammad Hraichie [2011] NSWDC 219

R v Mohammad Hraichie [2011] NSWDC 219

The appropriate sentence for the offence of armed robbery committed by the offender while on parole is a term of imprisonment of six years and six months, based on the gravity of the offence, the offender's history, the need for deterrence, and the circumstances justifying a finding of special circumstances for a longer non-parole period. The offence was serious but opportunistic, involved real or realistic threat with a firearm, and was committed while the offender was on conditional liberty; special circumstances arose due to the need for extended support and rehabilitation given the offender's background.

Parties
Prosecutor: Regina; Offender: Mohammad Hraichie
Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Sentence / Sentencing After Conviction by Jury
Outcome
The offender is convicted and sentenced to imprisonment for six years and six months, commencing 6 November 2010 and expiring 6 May 2017, with a non-parole period of three years nine months expiring 5 August 2014; special circumstances are found to allow an extended non-parole period.
Legal Topics
Sentencing, Armed Robbery, Conditional Liberty, Special Circumstances
Criminal Law Sentencing Armed Robbery Conditional Liberty Special Circumstances

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Parties

Regina

Prosecutor

Mohammad Hraichie

Offender

Procedural Posture

Sentence / Sentencing After Conviction by Jury

Legal Issues

  1. 1 What is the appropriate sentence for an armed robbery committed by the offender while on parole?
  2. 2 Whether special circumstances exist under s 44 Crimes (Sentencing Procedure) Act 1999 for a longer non-parole period

Ratio Decidendi

The appropriate sentence for the offence of armed robbery committed by the offender while on parole is a term of imprisonment of six years and six months, based on the gravity of the offence, the offender's history, the need for deterrence, and the circumstances justifying a finding of special circumstances for a longer non-parole period. The offence was serious but opportunistic, involved real or realistic threat with a firearm, and was committed while the offender was on conditional liberty; special circumstances arose due to the need for extended support and rehabilitation given the offender's background.

Court Disposition

The offender is convicted and sentenced to imprisonment for six years and six months, commencing 6 November 2010 and expiring 6 May 2017, with a non-parole period of three years nine months expiring 5 August 2014; special circumstances are found to allow an extended non-parole period.

Orders

  • Conviction entered.
  • Sentence of six years and six months imprisonment imposed, commencing 6/11/2010 and expiring 6/5/2017.