R v ISSA & YOUSIF [2009] NSWDC 337

New South Wales District Court

CITATION: R v ISSA & YOUSIF [2009] NSWDC 337

HEARING DATE(S): 25 September 2009

JUDGMENT DATE: 25 September 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sean Issa is sentenced imprisonment. I set a non-parole period of three years to date from 3 January 2008 and a head sentence of five years. He is entitled to be released to parole on 2 January 2011. Yousif Yousif is sentenced to imprisonment. I set a non-parole period of three years to date from 18 August 2009 and to expire on 17 August 2012. I set in his case a head sentence of five years also.

CATCHWORDS: Criminal law - Sentence - Form 1 - Aggravated kidnapping - Demanding money with menaces

The Crown PARTIES: Sean Issa Yousif Yousif

FILE NUMBER(S): DC 2008/11/1234; DC 2008/22/1235

COUNSEL: M Gelbert - Offender Issa G Galuzzo - Offender Yousif

Director of Public Prosecutions SOLICITORS: Michael Abboud & Co - Offender Issa Claude Harb - Offender Yousif

SENTENCE

1 HIS HONOUR: Sean Issa and Yousif Yousif appear for sentence today having each pleaded guilty at an earlier stage to an offence of aggravated kidnapping, the circumstance of aggravation being that they were in company. That is a very serious offence demonstrated by the fact that the maximum penalty provided by the legislature is twenty years imprisonment.

2 They each asked that when I sentenced them for that matter I take into account another matter on the Form One and that is an offence of demanding money with menaces, also in company. Were that to be dealt with separately the maximum penalty for that offence would be fourteen years imprisonment.