R v Arja [2022] NSWDC 433

District Court New South Wales

Medium Neutral Citation: R v Arja [2022] NSWDC 433 Hearing dates: 29 June 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [168] Catchwords: SENTENCE- Recklessly deal with property that would become an instrument of crime- Accessory before the fact to publish false statement- Recklessly deal with the proceeds of crime- Attempt to steal a motor vehicle- Larceny as a bailee- Receive stolen motor vehicle. Legislation Cited: Crimes Act 1900 (NSW) ss 193D(2), 192G(b), 346, 193B(3), 154F, 344A(1), 125, and 188(1) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Johnson v The Queen [2004] HCA 15 Mill v The Queen (1988) 166 CLR 59 Category: Sentence Parties: Rex Foaud Ajar Representation: Counsel: Mr Royce (Offender)

Solicitors: Mr Triscari and Ms Gilmore (Crown) Mr Kassem (Offender) File Number(s): 2020/236255 Publication restriction: Nil

Judgment

Introduction 1. Fouad Arja (the offender) appears for sentence in respect of several charges in respect of which he has pleaded guilty. The matter had been committed for trial from Burwood Local Court on 17 November 2021. The offending took place between 16 December 2019 and 24 July 2020. The offender was arrested 13 August 2020 and has been in custody since that time. 2. The charges for sentence are set out in the table below: COUNT CHARGE OFFENCE PROVISION MAXIMUM PENALTY Crimes Act 1900 (NSW) 1 Recklessly deal with property that would become an instrument of crime (rolled up). s. 193D(2) 10 years imprisonment. 2 Accessory before the fact to publish false statement. s.192G(b)/s.346 5 years imprisonment. 3 Recklessly deal with the proceeds of crime (rolled up). s. 193B(3) 10 years imprisonment. 4 Accessory before the fact to publish a false statement. s.192G(b)/s.346 5 years imprisonment. 5 Accessory before the fact to publish a false statement. s.192G(b)/s.346 5 years imprisonment. 6 Attempt to steal a motor vehicle. s.154F/s.344A(1) 10 years imprisonment. 7 Larceny as a bailee. s.125 5 years imprisonment. 8 Receive stolen motor vehicle. s. 188(1) 12 years imprisonment.