Commissioner for Fair Trading v Bassem Dodar AKA Kevin Elasaad [2005] NSWSC 414

Commissioner for Fair Trading v Bassem Dodar AKA Kevin Elasaad [2005] NSWSC 414

The offender’s repeated and deliberate breaches of injunctive orders protecting consumers from harm constituted serious contempts warranting terms of imprisonment to be served by way of periodic detention, with sentence reductions for guilty pleas but reflecting the need for personal and general deterrence.

Jurisdiction
Australia
Judgment Date
05 May 2005
Procedural Posture
Criminal Contempt / Sentencing After Guilty Pleas
Outcome
Offender sentenced to imprisonment to be served by periodic detention.
Legal Topics
['sentencing' 'consumer Protection' 'injunctions' 'fair Trading']
['criminal Law' 'contempt of Court'] ['sentencing' 'consumer Protection' 'injunctions' 'fair Trading']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Contempt / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Whether Bassem Dodar (Kevin Elasaad) was guilty of contempt for breaching court orders restraining him from conducting business related to repair or servicing of electronic or electrical goods.' 'What is the appropriate sentence for the contempts committed.']

Ratio Decidendi

The offender’s repeated and deliberate breaches of injunctive orders protecting consumers from harm constituted serious contempts warranting terms of imprisonment to be served by way of periodic detention, with sentence reductions for guilty pleas but reflecting the need for personal and general deterrence.

Court Disposition

Offender sentenced to imprisonment to be served by periodic detention.

Orders

  • ['Four months and two weeks’ imprisonment for count two, to be served by periodic detention. Offender to report to Officer in Charge of Silverwater Periodic Detention Centre by 8:30 am on Thursday 12 May 2005.' 'For counts three, four, five, six and seven: in each case, a non-parole period of three months commencing...