Regina v Elkaddour [2001] NSWCCA 302

New South Wales Court of Criminal Appeal

CITATION : Regina v Elkaddour [2001] NSWCCA 302 FILE NUMBER(S) : CCA 60723/99 HEARING DATE(S) : 6 August 2001 JUDGMENT DATE : 6 August 2001

PARTIES : Regina v Mahmoud Elkaddour JUDGMENT OF : Dowd J at 1 & 15; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/0245 LOWER COURT JUDICIAL Nield DCJ OFFICER :

COUNSEL : (A) In Person (c) E A Wilkins SOLICITORS : (A) In Person (C) S E O'Connor CATCHWORDS : Sentence for serious armed robbery - not excessive LEGISLATION CITED : Nil CASES CITED: Nil DECISION : Leave to appeal refused

IN THE COURT OF CRIMINAL APPEAL

60723/99

DOWD J SMART AJ

Monday 6 August 2001 REGINA (NSW) v MAHMOUD ELKADDOUR

JUDGMENT

1 DOWD J : The Court is in a position to give judgment on this application. Justice Smart will deliver the first judgment.

2 SMART AJ : Mahmoud Elkaddour seeks leave to appeal against the severity of a sentence of six years imprisonment with a non-parole period of three and a half years for the offence of armed robbery with an offensive weapon. The sentence commenced on the 18 November 1999, the day of sentencing.

3 About 1am on 15 March 1998 the applicant knocked on the victim's front door. The victim awoke while his fiancee and two year old daughter continued to sleep. The victim looked through the peep hole in the front door and saw the applicant who said he was looking for a friend called Peter. After being told that he had the wrong house the applicant prevailed upon the victim to be allowed to use the toilet. The victim opened the front door and allowed the applicant to do so. The applicant wanted to stay. However the victim asked the applicant to leave a number of times. The applicant produced a knife and demanded money and jewellery. He threatened to kill the victim and demanded that he disconnect the video and television set. The applicant bound the victim's hands and legs together with tape twice and then untied them when he required assistance. After directing the victim to put the video down on the brick ledge outside a block of units the applicant threatened the victim against calling the police saying "I know where you live. I know you have a family".