R v El Hassan, George [2009] NSWDC 233

New South Wales District Court

CITATION: R v El Hassan, George [2009] NSWDC 233

HEARING DATE(S): 08/05/2009, 22/06/2009

JUDGMENT DATE: 20 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: s.12Good Behaviour Bond - Breach call-up/ Malicious wound - The breach of the section 12 bond proved. s.12 bond revoked. Sentenced to impriosnment - non-parole period of 12 months. Balance of term of 3 months . Robbery -Convicted -Sentenced to imprisonment - non-parole period of 22 months. Balance of term of 14 months. Refer the offender to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.

CATCHWORDS: Criminal Law - Sentence - after trial - robbery - breach of s.12 good behaviour bond (suspended sentence) - victim at ATM - victim's head forced against ATM - victim becomes disoriented - $220 taken - offender in area waiting for opportunity for 7 minutes - submission causation drug dependence - rejected - offender poor historian - difficulties in accepting reports - Drug Court referral.

LEGISLATION CITED: s.12 Crimes (Sentencing Procedure) Act

R v Cuthbert (1967) 2 NSWR 329 R v Rushby (1977) NSWLR 597 CASES CITED: R v Hayes [1984] 1 NSWLR 740 R v Palu v 134 A Crim R 174 R v Rause unreported NSWCCA 8 August 1992

PARTIES: Regina George El Hassan

FILE NUMBER(S): 2007/21/0149; 2008/11/1149

COUNSEL: Defence: D Shridhar

SOLICITORS: Crown: Mr M Finlay O DPP

JUDGMENT 1. On 27 January 2009 George El Hassan was arraigned upon a charge that he had robbed Yan Li on 28 May 2008 at Redfern of $250. There was a lot more riding on any conviction for this offence than any sentence he might receive. Six and a half months earlier than the date of the robbery he had received a fifteen month suspended sentence. Upon conviction for a robbery he would be exposed to a revocation of the Section 12 Good Behaviour Bond and the subsequent activation of that fifteen month term of imprisonment.