R v ALFAR, Attallah [2017] NSWDC 280

R v ALFAR, Attallah [2017] NSWDC 280

Given the objective seriousness of leading a sophisticated, organised criminal operation involving car rebirthing and insurance fraud, and considering the offender's health, age, lengthy delay not attributable to him, and parity with co-offenders, a significant but mitigated custodial sentence is justified. Full time imprisonment is necessary, but reduced from a starting point of seven years to three years non-parole, plus two years and eleven months balance, with 15% discount for the utilitarian benefit of the guilty plea.

Parties
Prosecution: Regina; Offender: Attallah Alfar
Jurisdiction
Australia
Judgment Date
04 August 2017
Procedural Posture
Criminal / Sentence
Outcome
Full time custodial sentence imposed.
Legal Topics
Conspiracy, Conspiracy to Commit Offence, Dispose of Property Known to Have Been Stolen, Car Rebirthing, Conspiracy to Cheat or Defraud, Sentencing Principles
Criminal Law Conspiracy Conspiracy to Commit Offence Dispose of Property Known to Have Been Stolen Car Rebirthing Conspiracy to Cheat or Defraud Sentencing Principles

Case Brief

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Parties

Regina

Prosecution

Attallah Alfar

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for conspiracy to dispose of property known to have been stolen and conspiracy to cheat or defraud?
  2. 2 How should delay, health, age, and parity with co-offenders impact sentencing?

Ratio Decidendi

Given the objective seriousness of leading a sophisticated, organised criminal operation involving car rebirthing and insurance fraud, and considering the offender's health, age, lengthy delay not attributable to him, and parity with co-offenders, a significant but mitigated custodial sentence is justified. Full time imprisonment is necessary, but reduced from a starting point of seven years to three years non-parole, plus two years and eleven months balance, with 15% discount for the utilitarian benefit of the guilty plea.

Court Disposition

Full time custodial sentence imposed.

Orders

  • Offender convicted and sentenced to three years imprisonment by way of non‑parole period from 4 August 2017 to 3 August 2020.
  • Balance of sentence of two years and 11 months imprisonment to expire on 3 July 2023.