R v Salem Soukkar [2014] NSWDC 160

District Court New South Wales

Medium Neutral Citation: R v Salem Soukkar [2014] NSWDC 160 Hearing dates: 12 September 2014 Decision date: 26 September 2014 Before: Mahony SC DCJ Decision: Full time custodial aggregate sentence. For Orders see [75]. Catchwords: Multiple offences of robbery armed with an offensive weapon. Application of guideline judgment; aggregate sentences. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahadi v The Queen (2007) 168 A Crim R 41 Dougan v R (2006) 160 A Crim R 135 Pearce v The Queen 1998 194 CLR 610 R v Dougan (2006) 160 A Crim R 135 R v Ellis [2002] NSWCCA 211 R v Goundar (2001) 127 A Crim R 331 R v Henry (1999) 46 NSWLR 346 R v Rae [2013] NSWCCA 9 R v Sharma (2002) 54 NSWLR 300 R v Smith [2007] NSWCCA 100 R v Sok [2000] NSWCCA 121 Category: Sentence Parties: Director of Public Prosecutions (Crown) Salem Soukkar (Offender) Representation: C Jones (Crown) B Galloway (Offender) File Number(s): 14/40626 14/96720 Publication restriction: Nil

REMARKS ON SENTENCE

Introduction 1The offender has pleaded guilty to one count of attempted robbery armed with a dangerous weapon (H 54197162/1) and five counts of robbery armed with an offensive weapon (H 54197162/2-6). 2Each of the charges is brought pursuant to s 97(2) of the Crimes Act 1900. Each carries a maximum penalty of 25 years imprisonment. There is no standard non-parole period. 3The offender seeks to have two offences taken into consideration on a Form 1, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. The first is an offence of break, enter and steal pursuant to s 112(1) of the Crimes Act on 20 September 2013 at Como West Public School, and the second is a similar offence which occurred on 7 February 2014 at Santa Sabina School at Strathfield. 4The offender entered pleas of guilty at committal on 27 February 2014 and it is common ground that he is entitled to a 25% utilitarian discount on sentence in respect of each charge. 5The offender had originally pleaded guilty to one count of break, enter and steal at Como West Public School and one count of receiving stolen property (two Apple computers) from the Santa Sabina burglary. He was committed for sentence on both charges, however, on 9 May 2014 he provided a written statement to the investigating police admitting his involvement in the Santa Sabina burglary. The offender also gave information to the police about a co-accused involved in those burglaries. On 17 June 2014 the offender provided police with a second signed witness statement in respect of a co-accused involved in two armed robberies at the Caltex Service Station in December 2013, being Sequences 162/3 and 4. He has undertaken to give evidence consistent with those two signed statements at the trial of the co-accused.