R v El Hajjar [2021] NSWDC 116

District Court New South Wales

Medium Neutral Citation: R v El Hajjar [2021] NSWDC 116 Hearing dates: 11 March 2021 Decision date: 09 April 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For Orders see [84] Catchwords: One count of wound with intent to cause grievous bodily harm; offence committed whilst offender in custody; principle of totality Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: AM v R [2012] NSWCCA 203 Banks v R [2018] NSWCCA 41 Beil v R [2015] NSWCCA 120 Dixon v R [2019] NSWCCA 85 El Masri v R [2014] NSWCCA 13 Hillier v DPP [2009] NSWCCA 312 Imbornone v R [2017] NSWCCA 144 Kiernan v R [2016] NSWCCA 12 R v Jeremiah [2016] NSWCCA 241 R v Tuuta [2014] NSWCCA 40 Touhifalou v R [2018] NSWCCA 283 Veen v R (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Ahmad El Hajjar (Offender) Representation: Counsel: D Waldmann (Crown) M Coroneos (Offender)

Solicitors: H Kamib (Offender) File Number(s): 19/311774 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of one count of wound with intent to cause grievous bodily harm pursuant to s 33(1)(a) of the Crimes Act 1900. 2. The offence occurred on 5 October 2019 whilst the offender was in custody at MRRC Silverwater, and he was serving a sentence of 9 years and 6 months with a non-parole period of 6 years and 6 months, from 21 April 2016, being an aggregate sentence in respect of offences including use of offensive weapon with intent to commit indictable offence, fire firearm in or near a public place, robbery while armed with dangerous weapon, possess unregistered and unauthorised pistol in a public place, together with several driving offences. 3. The maximum penalty for the offence is 25 years imprisonment and there is a Standard Non-Parole Period of 7 years imprisonment.