R v Michael Dean KHAN; Dushand RANA; Saurav MAHAY [2010] NSWDC 341

New South Wales District Court

CITATION: R v Michael Dean KHAN; Dushand RANA; Saurav MAHAY [2010] NSWDC 341

JUDGMENT DATE: 12 November 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: For Mr Rana and Mr Mahay - non-parole periods of 3 years and balances of term of 2 years. For Mr Khan - non-parole period of 2 years 8 months and balance of term of 1 year 10 months

CATCHWORDS: CRIME - sentence - conviction after jury trial - specially aggravated detain for advantage - victim assaulted and suffered not insignificant actual bodily harm during the detention - detention whilst in company for over half a day - relative culpability of offenders - joint criminal enterprise - all 3 co-offenders present for whole period of detention - knife produced by one offender - ransom of $7000 demanded - lower end of seriousness for these types of crimes - 2 offenders on criminal justice visa - all offenders unlikely to re-offend - special circumstances warranting adjusting the ratio between non-parole and parole period in each case

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 21

CASES CITED: R v Groundir [2001] NSWCCA 198 R v Newell [2004] NSWCCA 183

Michael Dean Khan PARTIES: Dushand Rana Saurav Mahay

FILE NUMBER(S): 2008/211508; 2008/254927; 2008/82064

Mr S De Silva for the Director of Public Prosecutions COUNSEL: Ms K Stares for Mr Khan Ms ST Hall for Mr Rana

SOLICITORS: Mr WJ Sandilands for Mr Mahay

JUDGMENT

1. Mr Khan, Mr Rana and Mr Mahay, as your lawyers would have told you, I am going to sentence you now and that involves me talking for about three-quarters of an hour or more about the case and then, at the end of that, I impose the sentences.