R v Obeid [2019] NSWDC 204

R v Obeid [2019] NSWDC 204

Given the objective gravity of the offending—lying between the low end and mid-range of seriousness, the offender's personal and rehabilitative circumstances, the early guilty pleas, remorse, and lack of prior dishonesty offences—the appropriate sentence is an aggregate term of 2 years and 4 months to be served by way of an intensive correction order in the community, with conditions including 200 hours of community service.

Parties
Prosecution: Regina (Crown); Offender: Omar Obeid
Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to aggregate intensive correction order of 2 years and 4 months to be served in the community
Legal Topics
Facilitating Organised Car or Boat Rebirthing Activities, Sentencing, Intensive Correction Order, Objective Seriousness, Discount for Guilty Plea
Criminal Law Facilitating Organised Car or Boat Rebirthing Activities Sentencing Intensive Correction Order Objective Seriousness Discount for Guilty Plea

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Parties

Regina (Crown)

Prosecution

Omar Obeid

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for facilitating organised car or boat rebirthing activities under s 154G Crimes Act 1900 and related offences?
  2. 2 Should an intensive correction order be imposed rather than a full-time custodial sentence?
  3. 3 What discount should be applied for the guilty pleas and utility?

Ratio Decidendi

Given the objective gravity of the offending—lying between the low end and mid-range of seriousness, the offender's personal and rehabilitative circumstances, the early guilty pleas, remorse, and lack of prior dishonesty offences—the appropriate sentence is an aggregate term of 2 years and 4 months to be served by way of an intensive correction order in the community, with conditions including 200 hours of community service.

Court Disposition

Offender convicted and sentenced to aggregate intensive correction order of 2 years and 4 months to be served in the community

Orders

  • In respect of count 1, after a 20% discount, sentenced to imprisonment for 2 years and 2 months.
  • In respect of counts 2 and 3, after a 25% discount, sentenced to imprisonment for 1 year and 2 months each.