R v Ahmad Kai ABOUCHAM [2008] NSWDC 385

New South Wales District Court

CITATION: R v Ahmad Kai ABOUCHAM [2008] NSWDC 385

JUDGMENT DATE: 29 July 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Non parole period of 3 years. Balance of the term 1 year. Referred to the Drug Court

CATCHWORDS: CRIMINAL LAW - sentence - break and enter and commit serious indictable offence - plea of guilty - offence committed whilst on parole and on bail for other offences - extensive criminal record - persistant offender in this kind of crime - particular need for personal deterrence - extensive and problematic illicit drug use until recently - significant life management skills deficits - custodial sentence inevitable

Crimes Act 1900 s 112(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21A(2)(d) Drug Court Act 1998 s 6(2), s 18(b)

PARTIES: Regina Ahmad Kai Aboucham

FILE NUMBER(S): 08/5685

SOLICITORS: Ms Fitzpatrick for Director of Public Prosecutions Ms Cotton for Mr Aboucham

JUDGMENT

1. I am sentencing Ahmad Aboucham. Mr Aboucham has pleaded guilty to the crime of break and enter and commit serious indictable offence. That is an offence against s 112(1) of the Crimes Act 1900. It carries a maximum of fourteen years imprisonment.

2. The offence occurred on 26 October 2006 but Mr Aboucham was not arrested for the offence until 12 November 2007.

3. When he committed this offence, Mr Aboucham was on parole for another offence of breaking, entering and stealing. In addition, he was on bail for other offences that he had been charged with. Mr Aboucham has been refused bail since his arrest on 12 November 2007, although when he was arrested he was at that time serving a sentence for another offence which is due to expire on 12 September 2008.