NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Elkaddour [2024] NSWDC 506 Hearing dates: 11 October 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Mahmoud Elkaddour is convicted. 2 Taking into account the discount for the plea of guilty, I impose a term of imprisonment of 2 years and 6 months with a non-parole period of 18 months to date from 30 May 2023. The non-parole period will expire on 29 November 2024 and the head sentence will expire on 29 November 2025. 3 The offender is to be released on parole on 29 November 2024. Catchwords: CRIME — Violent offences — Reckless wounding Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Mahmoud Elkaddour (Offender) Representation: Counsel: M Higgins (Counsel)
Solicitors: Office of the Director of Public Prosecutions (Crown) Lenz Legal (Offender) File Number(s): 2023/172818 Publication restriction: None
JUDGMENT 1. Mahmoud Elkaddour (the offender) appears for sentence after pleading guilty in the Local Court to an offence of reckless wounding contrary to s 35(4) Crimes Act 1900. The maximum penalty for this offence is 7 years imprisonment. Parliament has also prescribed a standard non-parole period of 3 years.
Approach to Sentencing 1. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and the matters set out in s 21A of that Act. 2. The offender entered pleas of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999. 3. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).
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