R v Elbadar [2012] NSWSC 1492

Supreme Court New South Wales

Medium Neutral Citation: R v Elbadar [2012] NSWSC 1492 Hearing dates: 14 February; 17 August; 9 November 2012 Decision date: 29 November 2012 Jurisdiction: Criminal Before: Latham J Decision: Convicted of affray. Sentenced to one year and eight months imprisonment. Execution of sentence suspended and directed to be released from custody on condition offender enters into a good behaviour bond for a period equal to that term. Convicted of two offences of giving false evidence to the NSW Crime Commission. Sentenced to ten months imprisonment on each charge. Execution of each sentence suspended and offender to be released from custody on condition he enters into a good behaviour bond for a period of ten months Catchwords: CRIMINAL LAW – sentencing – guilty plea – affray – relevance of discharge of loaded firearms – presence of bystanders at risk of serious injury – evidence of planning and premeditation – limited role of offender – offence not in worst category

CRIMINAL LAW – sentencing – guilty plea – giving false evidence to NSW Crime Commission – offender sought to protect manslaughter suspects – relevance of psychological condition – impaired ability to withstand peer pressure – specific deterrence irrelevant Cases Cited: Khanwaiz & Ors v R [2012] NSWCCA 168 R v Abdulhardi NSWSC 20 April 2012 R v Mariam [2012] NSWSC 1023 Stevens v R [2007] NSWCCA 152 Category: Sentence Parties: Regina - (Crown) Tarek Elbadar - (Offender) Representation: Counsel P Barrett - (Crown) C Davenport - (Offender) Solicitors Solicitor for Public Prosecutions - (Crown) John Doolan - (Offender) File Number(s): 2009/75262 2010/96558