R v Islam Hassan [2007] NSWDC 57

New South Wales District Court

CITATION: R v Islam Hassan [2007] NSWDC 57

JUDGMENT DATE: 16 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted, sentenced to a non parolel period 21 months, balance of term 2years 3months [Para 49].

CATCHWORDS: Criminal Law - sentencing - after trial - robbery being armed - offensive weapon - knife - aggravating features - in company - vulnerable victim - planning - disenabling landline phone - prolonged encounter - subjective features - probably drug addict - past drug abuse - negative family upbringing and influences - impact of guideline judgments - special circumstances

Queen v Gladue [1999] 1 S.C.R. 688 at [80] Queen v Cuthbert [1967] 2NSWR329 CASES CITED: Queen v Rushby (1977) NSWLR 597 Queen v Hayes [1984] 1 NSWLR 740 Queen v Rause unreported NSWCCA 8 August 1992 Queen v Henry & Ors (1999) 46 NSWLR 346

PARTIES: Regina Islam Hassan

FILE NUMBER(S): 06/21/0165

SOLICITORS: Mr C Brown - Office of Director of Public Prosecution Mr A Martin - (Accused)

SENTENCE 1 HIS HONOUR: 2006 did not begin well for Sewar Kabir. On 3 January 2006 he was working the nightshift at the Budget Petrol station located on the Hume Highway, Yagoona. Towards the end of his shift, at about 5.15am, he was restocking the fridge. He was interrupted by a buzzer indicating someone was at the shop door waiting to enter. He returned to the console area, released the lock, two men entered. They were robbers. One was armed with a knife.

2 On 5 September 2006 Islam Hassan was charged with being one of these robbers. He said he was not guilty. After a three day trial a jury determined that the Crown had proved he was the robber who was armed with the knife. Today Islam Hassan is to be held accountable for his part in this robbery.