R v Zacharigh Eid [2017] NSWDC 76

R v Zacharigh Eid [2017] NSWDC 76

The objective seriousness of the offender's conduct lay below the mid-range for an offence under s 154G Crimes Act 1900, given his subordinate role and remuneration by labour only, direction from others, limited period of offending, and application of aggravating and mitigating factors, warranting a custodial sentence with allowance for special circumstances.

Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Criminal Sentence / Sentence Determination
Outcome
offender sentenced to full time custodial sentence
Legal Topics
['car Re Birthing' 'sentencing' 'organised Crime']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Determination

  1. 1 ['Determination of appropriate sentence for knowingly facilitating organised car re-birthing activity under s 154G Crimes Act 1900' 'Assessment of objective and subjective seriousness' 'Consideration of parity with co-offenders' 'Application of general and specific deterrence' 'Consideration of special circumstances and aggravating factors']

Ratio Decidendi

The objective seriousness of the offender's conduct lay below the mid-range for an offence under s 154G Crimes Act 1900, given his subordinate role and remuneration by labour only, direction from others, limited period of offending, and application of aggravating and mitigating factors, warranting a custodial sentence with allowance for special circumstances.

Court Disposition

offender sentenced to full time custodial sentence

Orders

  • ['Convicted of offence under s 154G Crimes Act 1900.' 'Sentenced to total imprisonment for 2 years and 3 months, with non-parole period of 1 year and 2 months commencing 2 April 2017 and terminating 1 June 2018.' 'Balance of imprisonment 1 year and 1 month commencing 2 June 2018 and terminating 1 July 2019.' 'Parole...