R v Bilal BAKKOUR; R v Nasis JAVELOSA; R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 405

R v Bilal BAKKOUR; R v Nasis JAVELOSA; R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 405

Given the seriousness of the offences, the regular and predatory nature of the conduct, the number of cars stolen and rebirthed, and losses to owners and insurers, full-time custodial sentences above the mid-range are warranted; both offenders' non-parole periods were discounted for pleas of guilty and special circumstances.

Parties
Defendant: Bilal El Cheikh Bakkour; Defendant: Nasir Javelosa; Prosecution: NSW Office of the Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
Sentences imposed
Legal Topics
Sentencing, Car Rebirthing, Facilitation of Organised Crime
Criminal Law Sentencing Car Rebirthing Facilitation of Organised Crime

Case Brief

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Parties

Bilal El Cheikh Bakkour

Defendant

Nasir Javelosa

Defendant

NSW Office of the Director of Public Prosecutions

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for knowingly facilitating organised car rebirthing activity under Crimes Act 1900 s 154G(1)?
  2. 2 Should the non-parole period be set below the statutory standard due to special circumstances?
  3. 3 What is the objective seriousness of the offenders' conduct?

Ratio Decidendi

Given the seriousness of the offences, the regular and predatory nature of the conduct, the number of cars stolen and rebirthed, and losses to owners and insurers, full-time custodial sentences above the mid-range are warranted; both offenders' non-parole periods were discounted for pleas of guilty and special circumstances.

Court Disposition

Sentences imposed

Orders

  • Mr Bakkour is sentenced to 4.5 years imprisonment with a non-parole period of 2.5 years, backdated by 1 month and 24 days.
  • Mr Javelosa is sentenced to 5.5 years imprisonment with a non-parole period of 3 years, backdated by 2 months and 26 days.