R v Ghoulmieh [2022] NSWDC 470

R v Ghoulmieh [2022] NSWDC 470

Taking into account the severity and nature of the offences, the offender's personal circumstances including youth, Aboriginal background, drug addiction, mental illness, and special circumstances, alongside the need for general and specific deterrence, a term of full-time custody is mandated. However, the circumstances justify a finding of special circumstances and an aggregate sentence reflecting both aggravating and mitigating factors.

Parties
Prosecution: Regina (Office of the Director of Public Prosecutions); Offender: Kane Ghoulmieh
Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; aggregate sentence of imprisonment imposed
Legal Topics
Violent Offences, Detain for Advantage, Demanding Property With Menaces, Reckless Wounding, Armed Robbery, Sentencing, Aggravating Factors, Mitigating Factors, Breach of Conditional Liberty, Co Offender, Deterrence, Form 1 Offences, Moral Culpability, Aggregate Sentences, Aboriginal Offenders, Drug Addiction, Intoxication, Mental Illness, Special Circumstances
Criminal Law Violent Offences Detain for Advantage Demanding Property With Menaces Reckless Wounding Armed Robbery Sentencing Aggravating Factors +12 more

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Parties

Regina (Office of the Director of Public Prosecutions)

Prosecution

Kane Ghoulmieh

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of appropriate sentence for multiple serious violent offences including detain for advantage, demanding property with menaces, reckless wounding, and armed robbery
  2. 2 Consideration of aggravating and mitigating factors, including mental illness, drug addiction, Aboriginal background, and special circumstances
  3. 3 Assessment of objective seriousness of each offence

Ratio Decidendi

Taking into account the severity and nature of the offences, the offender's personal circumstances including youth, Aboriginal background, drug addiction, mental illness, and special circumstances, alongside the need for general and specific deterrence, a term of full-time custody is mandated. However, the circumstances justify a finding of special circumstances and an aggregate sentence reflecting both aggravating and mitigating factors.

Court Disposition

Convicted; aggregate sentence of imprisonment imposed

Orders

  • Convicted of each offence
  • Taking into account a 25% discount for the pleas of guilty, the indicative sentences are: Sequence 1—4 years; Sequence 3—4 years, 6 months; Sequence 8—2 years, 6 months (indicative non-parole period 18 months); H80659148 Sequence 1—3 years