R v Zreika [2020] NSWDC 190

R v Zreika [2020] NSWDC 190

The objective seriousness of the offending fell just below mid-range, and no sentence other than imprisonment was appropriate due to the breach of a Community Corrections Order and being on conditional liberty. Parity with the co-offender (brother) required a full-time custodial sentence, but of a longer length due to criminal history. Aggregate sentence of 27 months was imposed, with non-parole of 18 months, commencing 4 November 2022.

Parties
Prosecutor: Regina (Crown); Offender: Moustaffa Zreika
Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Sentence / Sentencing Judgment
Outcome
Conviction and aggregate custodial sentence imposed.
Legal Topics
Sentencing, Arson, Parity of Sentences, Breach of Community Corrections Order
Criminal Law Sentencing Arson Parity of Sentences Breach of Community Corrections Order

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Parties

Regina (Crown)

Prosecutor

Moustaffa Zreika

Offender

Procedural Posture

Sentence / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for dishonestly for gain damage property by fire under s197(1)(b) Crimes Act 1900 (NSW)
  2. 2 Parity principle in sentencing co-offenders
  3. 3 Breach and revocation of Community Corrections Order

Ratio Decidendi

The objective seriousness of the offending fell just below mid-range, and no sentence other than imprisonment was appropriate due to the breach of a Community Corrections Order and being on conditional liberty. Parity with the co-offender (brother) required a full-time custodial sentence, but of a longer length due to criminal history. Aggregate sentence of 27 months was imposed, with non-parole of 18 months, commencing 4 November 2022.

Court Disposition

Conviction and aggregate custodial sentence imposed.

Orders

  • Conviction for offence under s197(1)(b) of the Crimes Act 1900 (NSW)
  • Community Corrections Order called up and revoked