R v Mohamad Charrouf [2007] NSWDC 292

New South Wales District Court

CITATION: R v Mohamad Charrouf [2007] NSWDC 292

JUDGMENT DATE: 18 July 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted.; Sentence 6 months N.P.P. to date from 12/12/2010 expire 11/6/2011.; 18 months balance of term to expire 11/12/2012.; Order appellants release on 11/6/2011. Pursuant s51 of Crimes (SP) Act condition of Parole:-; Accept supervision of P&P and counselling he drugs and alcohol and anger management.

CATCHWORDS: Criminal Law - Sentencing - Enter premises with intent to commit serious indictable offence - intimidation - criteria measuring objective criminality of intimidation - already serving substantial sentencne on other matters - totality.

PARTIES: Regina Mohamad Charrouf

FILE NUMBER(S): 06/21/0371

COUNSEL: Defence: K. Buckman

SOLICITORS: Crown: Mr Low, Office of the DPP, Parramatta.

JUDGMENT

1 HIS HONOUR: During the course of preparing these remarks on the sentence I came across a set of agreed facts in respect of a robbery. I was concerned that there appeared to be an absence of anything putting that matter before me. It was attached to part of exhibit 3. My memory of exhibit 3 was simply that it was the one document relating to the standover of a prostitute on Canterbury Road. Consequently I requested my associate this morning to ring Mr Robinson who obviously referred the matter onto the present Crown who appears. In respect to what the significance of that documentation and whether it was a charge and if so what was the mechanism by which it came before the court, the current Mr Crown advised my associate that it simply was an exhibit giving background information in respect of the accused.

INTRODUCTION

2 On 29 May 2007 Mohamad Charrouf pleaded not guilty to two charges upon an indictment. The first alleges an assault on one Sharon Attard between 8 and 12 August 2005. The second charge alleged that on 23 August 2005 he entered the dwelling house of Anwar El Abbas in Riverwood with intent to commit a serious indictable offence, namely intimidation of another person with the intention of causing that person to fear physical harm.