R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 406

New South Wales District Court

CITATION: R v Hussein EL-SKAF; R v Mohamad HELLO [2009] NSWDC 406

JUDGMENT DATE: 24 November 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Mr Hello is sentenced to a term of imprisonment of 4 and 1/2 years with a non-parole period of 2 and 1/2 years. Mr El-Skaf is sentenced to a term of imprisonment of 5 years with a non-parole period of 2 1/2 years.

CATCHWORDS: CRIMINAL LAW - sentence - knowingly facilitate car rebirthing activity - new offence under s 154G(1) Crimes Act 1900 - purpose of legislation - plea of guilty not at earliest opportunity - personal circumstances of each offender - middle of the range of objective seriousness

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 32 Crimes Act 1900 s 154G(1)

Regina Hussein El-Skaf PARTIES: Mohamed Abdo Hello

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

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

COUNSEL: Mr Jankowski for Mr El-Skaf Mr Velcic for Mr Hello

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

REMARKS ON SENTENCE

1. The New South Wales Parliament a few years ago introduced a new law which made car re-birthing a specific crime. The new law was s 154G(1) of the Crimes Act 1900. It was a crime called knowingly facilitating organised car re-birthing activities. Parliament fixed a maximum sentence of fourteen years imprisonment. They regarded it as so series a crime that they also fixed a standard non-parole period of four years to the crime.

2. Each of Mr Mohamad Hello and Mr Hussein El-Skaf I am sentencing today for that crime.