R v Ahmed Raad [2007] NSWDC 56

New South Wales District Court

CITATION: R v Ahmed Raad [2007] NSWDC 56

HEARING DATE(S): 19/1/07; 23/2/07 & 15/3/07

JUDGMENT DATE: 16 March 2007

EX TEMPORE JUDGMENT DATE : 26 September 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted robbery whilst armed with offensive weapon; Sentenced to Non Parole Period 2years 6months to commence 16/3/06 and expire 15/9/08. Balance of term 1year 6 months to expire 15/3/08. Referred offender to Drug Court for eligibility into compulsory drug treatment program. [see paragraphs 47-48].

CATCHWORDS: Criminal Law - Sentencing after trail - Robbery whilst armed with offensive weapon - knife - street crime - objective seriousness - recidivist offender - victim of domestic violence as youth - drug related offence - prior drug related offences - compulsory drug treatment order - eligibility criteria - Court's duty to refer.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Queen v Gladue R v Cuthbert 1967 2NSWR329 R v Rushby (1977) NSWLR 597 CASES CITED: R v Hayes [1984] 1 NSWLR 740 R v Rause; unreported, NSWCCA 8 August 1992 King v Porter (1993) 55 CLR 182 R v Henry & Ors (1999) 46 NSWLR 340 Callaghan v Queen (1952) 87 CLR 115

PARTIES: Regina Ahmed Raad

FILE NUMBER(S): 06/21/3182

SOLICITORS: Mr C Brown - Office of Director of Public Prosecutions for Crown Mr P Townsend - Legal Aid Commission of NSW for accused.

SENTENCE

1 HIS HONOUR: Ahmed Raad was granted parole on 28 January 2005. He returned home to live with his mother and sister. He became engaged to a young lady, Maria, with whom he had been close to for two years. She has no prior history of drugs. He was ten months into a three year parole period when five minutes walk from where he lives a robbery occurred.