R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 406

R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 406

A sentence of full-time imprisonment is warranted for both offenders for knowingly facilitating organised car rebirthing activities, reflecting the seriousness of the offence, objective involvement, and taking into account guilty pleas and relevant personal circumstances. Home detention or periodic detention are not appropriate given the nature of the offences. Discounts on sentence reflect the timing and manner of guilty pleas: 25% for Hello, 15% for El-Skaf. Non-parole periods are reduced due to first time custody and rehabilitation prospects.

Parties
Prosecution: Regina; Defendant: Hussein El-Skaf; Defendant: Mohamad Abdo Hello
Jurisdiction
Australia
Judgment Date
24 November 2009
Procedural Posture
Criminal / Sentence
Outcome
both offenders sentenced to imprisonment
Legal Topics
Sentence, Knowingly Facilitate Organised Car Rebirthing, Plea of Guilty, Objective Seriousness, Personal Circumstances, Discount for Guilty Plea
Criminal Law Sentence Knowingly Facilitate Organised Car Rebirthing Plea of Guilty Objective Seriousness Personal Circumstances Discount for Guilty Plea

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Parties

Regina

Prosecution

Hussein El-Skaf

Defendant

Mohamad Abdo Hello

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Sentencing for knowingly facilitating organised car rebirthing activities under s 154G(1) Crimes Act 1900
  2. 2 Discount for plea of guilty
  3. 3 Assessment of objective seriousness

Ratio Decidendi

A sentence of full-time imprisonment is warranted for both offenders for knowingly facilitating organised car rebirthing activities, reflecting the seriousness of the offence, objective involvement, and taking into account guilty pleas and relevant personal circumstances. Home detention or periodic detention are not appropriate given the nature of the offences. Discounts on sentence reflect the timing and manner of guilty pleas: 25% for Hello, 15% for El-Skaf. Non-parole periods are reduced due to first time custody and rehabilitation prospects.

Court Disposition

both offenders sentenced to imprisonment

Orders

  • Mohamad Abdo Hello sentenced to 4.5 years imprisonment, non-parole period of 2.5 years (commencing 17 November 2009, expiring 16 May 2012; additional term from 17 May 2012 to 16 May 2014).
  • Hussein El-Skaf sentenced to 5 years imprisonment, non-parole period of 2.5 years (commencing 18 November 2009, expiring 17 May 2012; additional term from 18 May 2012 to 17 November 2014).