R v CHAOUK [2009] NSWDC 36

New South Wales District Court

CITATION: R v CHAOUK [2009] NSWDC 36

HEARING DATE(S): 27 February 2009 EX TEMPORE JUDGMENT DATE : 27 February 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to an overall effective period of imprisonment of four and a half years non parole period with a head sentence of seven years

CATCHWORDS: CRIMINAL LAW - Sentence - Form 1 - Armed robbery - Possess unauthorised pistol - Greed - Planned - Youthful offender

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Henry (1999) 46 NSWLR 346;

PARTIES: The Crown Khaled Chaouk

FILE NUMBER(S): DC 08/11/0870

COUNSEL: Mr I McClintock SC (Offender)

SOLICITORS: NSWDPP Advance legal (Offender)

SENTENCE

1 HIS HONOUR: The offender Khaled Chaouk appears for sentence today on two specific matters; an offence of armed robbery and an offence of possessing an unauthorised pistol. When I sentence him for the first of those matters he asks that I take into account another eight matters on a Form 1, two of those were also offences of armed robbery. The offender was eighteen when he committed these serious offences. He is but nineteen now, almost twenty.

2 He has a relatively minor criminal history but it is somewhat remarkable that a person as young as this offender has committed such serious offences that it is the duty of this court to send him to gaol for a significant period of time. Mr Chaouk has started at the very top, not for him the commonplace gradual escalation of offending. It is to be hoped that the deterrent nature of the sentence I will announce on him in a few minutes and his experience of life for an extended period of time in an adult gaol will be of help to him upon his release.