R v Charrouf (aka Obeid) [2020] NSWDC 311

R v Charrouf (aka Obeid) [2020] NSWDC 311

Given the offender's guilty plea, extensive criminal antecedents, the grave objective seriousness of an aggravated break and enter and wounding with a firearm, and his subjective circumstances including special circumstances for parole, the appropriate sentence is 11 years imprisonment with a non-parole period of 7 years and 6 months, reflecting a 10% discount for utility.

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['property Offences' 'break and Enter' 'sentencing' 'aggravating Factors' 'parity' 'objective Seriousness' 'plea of Guilty' 'subjective Considerations']
['criminal Law'] ['property Offences' 'break and Enter' 'sentencing' 'aggravating Factors' 'parity' 'objective Seriousness' 'plea of Guilty' 'subjective Considerations']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of objective and subjective gravity for sentence of aggravated break and enter offence' 'Appropriate sentencing including application of standard non-parole period and mitigating or aggravating factors' "Evaluation of offender's antecedents and subjective circumstances"]

Ratio Decidendi

Given the offender's guilty plea, extensive criminal antecedents, the grave objective seriousness of an aggravated break and enter and wounding with a firearm, and his subjective circumstances including special circumstances for parole, the appropriate sentence is 11 years imprisonment with a non-parole period of 7 years and 6 months, reflecting a 10% discount for utility.

Court Disposition

convicted and sentenced

Orders

  • ['Bassam Charrouf is convicted and sentenced to a non-parole period of 7 years and 6 months imprisonment, commencing 17 October 2017 and expiring 16 April 2025.' 'A further period of imprisonment of 3 years and 6 months commencing 17 April 2025 and expiring 16 October 2028.']