R v Abuquta, Haytham [2011] NSWDC 12

District Court New South Wales

Medium Neutral Citation: R v Abuquta, Haytham [2011] NSWDC 12 Hearing dates: 3rd December 2010 Decision date: 21 January 2011 Before: Judge J Nicholson SC Decision: Aggravated robbery and inflict actual bodily harm: 1. Convicted 2. Sentence to a non-parole period of 19 months to date from the 7 th April 2010 and expiring on the 6 th November 2011. Balance of term of 1 year and 8 months to expire on the 6 th July 2013. Owner not disclose identity of driver/passenger: 1. Pursuant to s166 of the Crimes Procedure Act 1986 the application to withdraw the charge granted. Catchwords: Criminal Law - Sentence - Aggravated Robbery inflict actual bodily harm - three co-offenders - department store employee en route to bank - $75,000+ - planning - site visit - disputed facts - struggle over bag containing takings - force used to capture bag from female employee - injury occasioned during struggle - financial benefit of at least $5000 - limited contrition - aged 23 at time of offence - reasonable subjective factors. Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Lovelock v The Queen (1988) 19 ALR 327 R v Rouse unreported NSWCCA 8 August 1992 Category: Sentence Parties: Regina Haytham Abuquta Representation: Crown: P Lynch Defence: D Hawkins File Number(s): 2009/8444

Judgment 1Three young men were each sentenced by me for their part in the robbery of a young female employee of Bing Lee, Bankstown, as she made her way to the bank with that store's takings over the Labour Day long weekend in 2006. 2They received sentences which had their starting point commencing at four years and three years. In their case each was before the court on charges of robbery, carrying a maximum of fourteen years imprisonment. Today the fourth man in the group of criminals responsible for that robbery is before the court for sentence for his part in the robbery. He has pleaded guilty to a charge that he did rob Jenny W of about $75,000, and at the time of the robbery he inflicted actual bodily harm upon Jenny W. That is a more serious charge than his co-offenders face. It carries a maximum penalty of twenty years imprisonment. 3In holding him accountable for his part in this robbery, I must determine a sentence appropriate for his conduct in the robbery of Jenny W and to the occasioning of injury to her in the course of that robbery. That task requires an assessment of the objective criminality of his unlawful conduct, as well as an assessment of his personal circumstances as they stood at the time of the robbery and as they stand now. 44.The first step is to determine, as best I can from the evidence, the facts and circumstances of the robbery. For instance, the offender claims he did not know until the morning of the robbery that the criminal act he was being asked to do was to rob someone, let alone a woman. The offender claims he was threatened by one of his co-offenders, to whom he owed $5,000. Those circumstances, if they exist, would lessen the criminality of his conduct. 5Once the facts and circumstances of the robbery are established, I can then assess the objective criminality. In this case I will need to have regard to issues of parity and the appropriate discount for the utilitarian benefit of his guilty plea.