R v Bilal BAKKOUR; R v Nasis JAVELOSA; R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 405

New South Wales District Court

CITATION: R v Bilal BAKKOUR; R v Nasis JAVELOSA; R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 405

JUDGMENT DATE: 20 November 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Mr Bakkour is sentenced to a period of 4 and 1/2 years imprisonment with a non-parole period of 2 and 1/2 years, backdated by 1 month and 24 days. Mr Javelosa is sentenced to a period of imprisonment of 5 and 1/2 years with a non-parole period of of 3 years, backdated by 2 months and 26 days.

CATCHWORDS: CRIMINAL LAW - sentence - knowingly facilitate car rebirthing activity - new offence under s 154G(1) Crimes Act 1900 - purpose of legislation - plea of guilty at earliest opportunity - serious nature of offence - predatory behaviour - regular criminal activity - above mid range of objective seriousness - different personal circumstances of offenders - evidence of remorse

LEGISLATION CITED: Crimes Act 1900 s 154G(1) Crimes (Sentencing Procedure) Act 1999 s 23

CASES CITED: R v Mason [2007] NSWCCA 32

Regina Bilal El-Cheikh Bakkour Nsair Hosainy AKA Javelosa PARTIES: Hussein El-Skaf Mohamad Abdo Hello

This judgment contains the sentences of Mr Bakkour and Mr Javelosa. For the sentences of Mr El-Skaf and Mr Hello see R v Hussein El-Skaf; R v Mohamad Hello [2009] NSWDC 406

FILE NUMBER(S): 2008/16322; 2008/17822; 2008/15722; 2008/16857

COUNSEL: Mr Peluso for Mr Bakkour Mr Brewer for Mr Javelosa

SOLICITORS: Mr Vautin (NSW Office of the Director of Public Prosecutions)

JUDGMENT

1. Bilal El Cheikh Bakkour and Nasir Javelosa have both pleaded guilty to a crime called knowingly facilitate organised car rebirthing activity. That is a crime in New South Wales under the Crimes Act 1900 s 154G(1). It carries a maximum of fourteen years imprisonment. Parliament regards the crime as so serious that it has also fixed to that crime a standard non-parole period of four years imprisonment.