R v Zraika [2020] NSWDC 357

District Court New South Wales

Medium Neutral Citation: R v Zraika [2020] NSWDC 357 Hearing dates: Trial dates: 11, 12, 13, 17, 18, 19, 20 February 2020 Sentence hearing: 29 May 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [77] Catchwords: CRIMINAL LAW – Aggravated break and enter and commit serious indictable offence namely assault occasioning actual bodily harm in company – Joint Criminal Enterprise – Offender was not the principal offender – Guilty verdict by jury SENTENCING – Plea of not guilty – Need for fact finding on sentence to accord with the case advanced at trial and accepted by the jury – Towards bottom of lower range of objective seriousness –Of prior good character –Reasonable prospects of rehabilitation despite absence of remorse and low likelihood of reoffending – Principles of parity – Where co-offenders pled guilty – Where co-offenders on conditional liberty at time of offending – Where Offender's other subjective circumstances more favourable than co-offenders– Imposition of ICO Legislation Cited: Crimes Act 1900 (NSW), ss 112(2), 105A Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7, 21A, 69 Cases Cited: Alseedi v R [2009] NSWCCA 185 Green v The Queen [2011] HCA 49; (2011) 244 CLR 462 Maxwell v R [2007] NSWCCA 304; (2007) 177 A Crim R 498 R v Huynh [2005] NSWCCA 220 R v Webb [2004] NSWCCA 330; (2004) 149 A Crim R 167 Sahyoun v R (No 2) [2020] NSWCCA 95 Category: Sentence Parties: Regina (Crown) Sajah Zraika (the Offender) Representation: Counsel: Mr R. McCrudden (the Offender)