R v Sabbouh (No. 2) [2022] NSWDC 311

District Court New South Wales

Medium Neutral Citation: R v Sabbouh (No. 2) [2022] NSWDC 311 Hearing dates: 22 July 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Registry of this Court to notify the Community Corrections Office at Bankstown that the matter should be referred to the Parole Authority in accordance with ss 81 and 81A Crimes (Administration of Sentences) Act 1999, for the Parole Authority to make orders to address the failure of Community Corrections to provide community service for this offender Catchwords: SENTENCING — Penalties — Community Service Order SENTENCING — Penalties — Intensive correction orders SENTENCING — Relevant factors on sentence —Conditions and orders Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: R v Sabbouh [2022] NSWDC 281 Category: Principal judgment Parties: Regina (Crown) Nashat Sabbouh (offender) Representation: Tara Reddy (Solicitor for the ODPP) Ahmed Ibrahim (Solicitor for the offender)

Director of Public Prosecutions (NSW) (Crown) File Number(s): 2020/00233197

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION 1. Nashat Sabbouh was before this Court for the determination of sentence in respect of offences of acquiring a firearm part without authority to do so contrary to s 50AA(1) Firearms Act 1996 and with assisting his brother as an accessory after the fact to a charge of discharging a firearm in disregard for safety contrary to s 93G(1)(c) Crimes Act 1900. I determined the matter by imposing a sentence of imprisonment for two years and four months to be served by way of an intensive corrections order effective from 19 May 2022: R v Sabbouh [2022] NSWDC 281. The conditions of the order included that the offender perform 50 hours community service.