R v Elle Saliba [2006] NSWDC 175

New South Wales District Court

CITATION: R v Elle Saliba [2006] NSWDC 175 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 14 December 2006

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: s11 Crimes (SP) Act grant offender bail for the purpose of demonstrating that rehabilitation has taking place and continues. Numerous bail conditions set.

CATCHWORDS: Criminal Law - Sentence - s11 C(SP)Act Bail - to assess prospects of rehabilitation - 38year old first time offender - depression - drug abuse.

LEGISLATION CITED: s.11 Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Elle Saliba

FILE NUMBER(S): 06/21/0321 & 06/21/0322

SOLICITORS: Defence: Ms Meranea Crown: Mr White

SENTENCE 1 HIS HONOUR: Elle Saliba was born in 1967, in a few days time he will be thirty-nine years old. His first and only previous offence was in 1986 when he was conveyed in a stolen motor vehicle, for this offence he received a s 558 recognisance to be of good behaviour for three years. Until today he had not been before a court again.

2 Today he is before this Court in respect of three break and enter offences. In respect of two of those he has been committed for sentence, in respect of a third he asks it be taken into account on a Form 1.

3 It would seem, as the matter came to me, the offences on which he has been committed were not accurately identified. There are also two receiving stolen property accounts and he asks pursuant to s 167 Criminal Procedure Act that I deal with the following further offences that he was driving whilst his licence was suspended and that he was in possession of housebreaking implements. There are four matters of furnishing a false statement in respect of goods which apparently were pledged to cash converters and two further matters of receiving stolen property.