R v Mohamed; R v Houry [2018] NSWDC 100

R v Mohamed; R v Houry [2018] NSWDC 100

A term of imprisonment is appropriate for both offenders, reflecting the objective seriousness of being an accessory after the fact to demanding money with menaces. The seriousness of Mohamed's conduct was lower than that of Houry, but only a sentence of imprisonment could properly address the criminality. For Mohamed, execution of the sentence is suspended pursuant to s 12 with a good behaviour bond given his low risk of recidivism, law-abiding history, and lack of antecedents, balanced against the absence of available community service work. Houry's higher culpability warranted a sentence served by way of Intensive Corrections Order due to direct victim contact and prior offending,...

Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offenders sentenced to terms of imprisonment; Mohamed's sentence suspended with a good behaviour bond, Houry to serve sentence with Intensive Corrections Order.
Legal Topics
['sentencing' 'accessory After the Fact' 'demanding Money With Menaces' 'intensive Corrections Order' 'suspended Sentence' 'good Behaviour Bond']
['criminal Law'] ['sentencing' 'accessory After the Fact' 'demanding Money With Menaces' 'intensive Corrections Order' 'suspended Sentence' 'good Behaviour Bond']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriateness of custodial sentence for accessory after the fact to demanding money with menaces' 'Application of utilitarian discount for early guilty plea' 'Comparative seriousness between co-offenders for sentencing' 'Suitability for Intensive Corrections Order']

Ratio Decidendi

A term of imprisonment is appropriate for both offenders, reflecting the objective seriousness of being an accessory after the fact to demanding money with menaces. The seriousness of Mohamed's conduct was lower than that of Houry, but only a sentence of imprisonment could properly address the criminality. For Mohamed, execution of the sentence is suspended pursuant to s 12 with a good behaviour bond given his low risk of recidivism, law-abiding history, and lack of antecedents, balanced against the absence of available community service work. Houry's higher culpability warranted a sentence served by way of Intensive Corrections Order due to direct victim contact and prior offending,...

Court Disposition

Offenders sentenced to terms of imprisonment; Mohamed's sentence suspended with a good behaviour bond, Houry to serve sentence with Intensive Corrections Order.

Orders

  • ['Ramy Mohamed is sentenced to a term of imprisonment for 10 months; execution of sentence suspended for the term of the sentence pursuant to s 12 Crimes (Sentencing Procedure) Act 1999 (NSW); Mohamed released from custody on condition of entering a good behaviour bond with specified conditions.' 'Hashem Houry is...