R v EL - KHOURI [2018] NSWDC 455

R v EL - KHOURI [2018] NSWDC 455

The offender's provision of premises for organised car rebirthing, and possession/concealment of proceeds of crime knowing their criminal origin, justified significant penalties. Her offending was below mid-range for rebirthing but approaching mid-range for proceeds offences. Exceptional personal circumstances, lack of prior record, and good rehabilitation prospects warranted an aggregate two-year sentence by way of Intensive Correction Order with community service.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted, sentenced to 2 years imprisonment served as Intensive Correction Order
Legal Topics
['car Rebirthing' 'proceeds of Crime' 'sentencing' 'facilitation of Organised Crime']
['criminal Law'] ['car Rebirthing' 'proceeds of Crime' 'sentencing' 'facilitation of Organised Crime']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['facilitating car rebirthing on an organised basis' 'dealing with proceeds of crime (knowing they were proceeds of crime)' 'objective seriousness and subjective circumstances in sentencing']

Ratio Decidendi

The offender's provision of premises for organised car rebirthing, and possession/concealment of proceeds of crime knowing their criminal origin, justified significant penalties. Her offending was below mid-range for rebirthing but approaching mid-range for proceeds offences. Exceptional personal circumstances, lack of prior record, and good rehabilitation prospects warranted an aggregate two-year sentence by way of Intensive Correction Order with community service.

Court Disposition

convicted, sentenced to 2 years imprisonment served as Intensive Correction Order

Orders

  • ['Convicted on three offences.' "Aggregate sentence of 2 years' imprisonment, to commence 12 October 2018 and expire 11 October 2020." 'Sentence served by Intensive Correction Order subject to standard conditions (not to commit an offence; submit to supervision).' 'Additional condition: Perform 100 hours of...