Regina v Walid Alameddine [2005] NSWCCA 68

New South Wales Court of Criminal Appeal

CITATION: Regina v Walid Alameddine [2005] NSWCCA 68

HEARING DATE(S): 3 March 2005

JUDGMENT DATE: 3 March 2005

JUDGMENT OF: Grove J at 1, 21, 23; James J at 22; Barr J at 2

DECISION: Appeal dismissed.

PARTIES: Regina, Walid Alameddine

FILE NUMBER(S): CCA 2004/2864

Stratton SC COUNSEL: Lamprati SC

Legal Aid Commission of New South Wales SOLICITORS: S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0379

LOWER COURT JUDICIAL OFFICER: Payne DCJ

- 5 - IN THE COURT OF CRIMINAL APPEAL 3864/2004

GROVE J JAMES J BARR J

3 MARCH 2005 REGINA v WALID ALAMEDDINE Judgment

1 GROVE J: We are in a position to give judgment. I will ask Barr J to give the first judgment.

2 BARR J: This is an appeal by the Director of Public Prosecutions against a sentence imposed in the District Court. The respondent, Walid Alameddine, pleaded guilty to two charges of robbery in company and one of assault with intent to rob. On 28 October 2004, Payne DCJ remanded the respondent to 10 March 2005 for sentence. Her Honour granted bail on conditions which included requirements that the respondent accept the supervision and obey all reasonable directions of the Probation and Parole Service during the period of remand; that he remain in employment; that he be of good behaviour and that he attend the District Court for sentence on the adjourned day.

3 The three offences arose out of a single criminal enterprise. The complainants were three boys of fourteen and fifteen years of age who, on 12 September 2003, were walking in the street minding their own business. The respondent and his companion, a youth whom it is inappropriate to identify in this appeal, walked up to them. The respondent's companion was carrying a stick about half a metre long. He asked the first boy whether he had a phone. He said that he did not and the companion searched him. As he did so, he held the stick in both hands above his right shoulder and swung it back and forth. 4 The respondent went up to a second boy and told him that he would stab him if he did not give him his mobile phone. As he said the words he held his right hand behind his back. Although he did not have a knife his intention was to make the boy think that he did have a knife. That is what the boy thought. He was afraid of being stabbed and handed over his mobile telephone.