R v Omar Elomar [2016] NSWDC 319

R v Omar Elomar [2016] NSWDC 319

Given the serious nature, substantial planning, significant role of the offender, and very large amount of duty evaded, an aggregate sentence of two years and six months imprisonment with an aggregate recognizance release order of 18 months is necessary to recognise the objective seriousness, apply principles of general deterrence, maintain proper relativity with the co-offender's sentence, and account for the offender’s guilty plea and prospects of rehabilitation.

Parties
Prosecutor: Commonwealth Director of Public Prosecutions; Offender: Omar Elomar
Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Dishonesty Offences, Customs Duty Evasion, Aggregate Sentences, Relativity/parity in Sentencing
Criminal Law Sentencing Dishonesty Offences Customs Duty Evasion Aggregate Sentences Relativity/parity in Sentencing

Case Brief

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Parties

Commonwealth Director of Public Prosecutions

Prosecutor

Omar Elomar

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offender’s involvement in dishonestly causing a loss of Customs duty to the Commonwealth by the use of the piggybacking method?
  2. 2 What is the objective criminality and subjective circumstances relevant to sentence?
  3. 3 How should the court address issues of relativity (parity) with a co-offender?

Ratio Decidendi

Given the serious nature, substantial planning, significant role of the offender, and very large amount of duty evaded, an aggregate sentence of two years and six months imprisonment with an aggregate recognizance release order of 18 months is necessary to recognise the objective seriousness, apply principles of general deterrence, maintain proper relativity with the co-offender's sentence, and account for the offender’s guilty plea and prospects of rehabilitation.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Conviction entered for sequences 17 and 18.
  • Aggregate sentence of 2 years and 6 months imprisonment for each.