R v Charrouf [2006] NSWDC 142

New South Wales District Court

CITATION: R v Charrouf [2006] NSWDC 142

HEARING DATE(S): 08/12/2006

JUDGMENT DATE: 8 December 2006

EX TEMPORE JUDGMENT DATE : 12/08/2006

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [19]

CATCHWORDS: Criminal Law - Sentence

LEGISLATION CITED: Crimes Act

PARTIES: Crown Bassam Charrouf

FILE NUMBER(S): 06/21/0310; 06/11/0564

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Bassam Charrouf appears for sentence today on two matters appearing on separate indictments. The first matter concerns an offence committed on 11 December 2005, the second, an offence committed on 6 July 2005. In each case Mr Charrouf has pleaded guilty. He has been in custody continually since 12 December 2005.

2 The offence on 11 December 2005 was committed with a number of other people. Originally Mr Charrouf stood trial with two of them, Mr Fajajo and Mr Alameddine, but part way through the trial I discharged the jury as far as Mr Charrouf was concerned. In the event the jury found Mr Alameddine and Mr Fajajo guilty and on a later occasion Mr Charrouf pleaded guilty to his involvement in that offence. However, as the entirety of the material from the trial was not necessarily admissible against Mr Charrouf, I have dealt with that matter separately from the matter of Mr Alameddine and Mr Fajajo.

3 A statement of agreed facts was tendered in relation to that offence, which does not differ significantly, if at all, from the evidence called at trial. But, in any case, as I have said I will sentence him on the basis of the material put before me today, rather than the material that I heard during the trial.