R v Alameddine, Ahmad [2008] NSWDC 141

New South Wales District Court

CITATION: R v Alameddine, Ahmad [2008] NSWDC 141

JUDGMENT DATE: 27 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Count 1: DECISION: Non Parole Period of 2 years and 3 months. Balance of term; 3 years and 6 months partly cumulative to fix term sentences. Count 2,3 & 4: 10 months fixed term. Count 5,6 & 7: 5 months fixed term.

CATCHWORDS: Criminal Law - Sentence - Robbery with wounding in company - Pizza Hut - Obtain benefit by deception (x3) - attempt obtain benefit by deception (x3) - armed with knife - major wound laceration to left elbow - time-lock prevents access to safe and moneys - manager surrendes personal keycard and pin number - 3 successful ATM transactions - 3 unsuccessful ATM transactions - sum taken $1700 - cold case - assessing mid-range of seriousness - expert evidence - need to expose history or testing leading to psychological diagnosis before claimed psychological condition evidentially established - need to kink psychological condition to criminal conduct before causataive evidence established

CASES CITED: R v Hearne (2007) 124 A. Crim.R. 457 R v Way (2004) 60 NSWLR 168

PARTIES: Regina Ahmad Alameddine

FILE NUMBER(S): 2006/00013232001

COUNSEL:

SOLICITORS: Ms T Roberts Mr Abbas

JUDGMENT

1. Four days before the year 2004 was to begin Ahmad Alameddine then aged eighteen and a half, together with his cousin and another man robbed the manager of the Pizza Hut at Woodville Road, Guildford.

2. In his statement Yuan Jan Foo then aged 24 makes clear how traumatic this event was for him as he was harassed, menaced, threatened, bullied, punched and stabbed by three men. Playing a leading role in this violent criminal conduct was Ahmad Alameddine. In a psychological profile before me John Jacmon a psychiatrist reports Ahmad Alameddine was assaulted by a guard dog and a number of security guards so badly, he was traumatised and indeed continues to be traumatised to this day.