R v HAGALI, Rabbeh [2017] NSWDC 379

District Court New South Wales

Medium Neutral Citation: R v HAGALI, Rabbeh [2017] NSWDC 379 Hearing dates: 10 August 2017 and 6 October 2017 Date of orders: 26 October 2017 Decision date: 26 October 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Full-time custodial sentence. For orders see [89] Catchwords: CRIMINAL – Sentence – deal with the proceeds of crime – $200,000 bank cheque – Form 1 matter to be considered – attempt to deal with the proceeds of crime - $500,000 – disputed facts issue raised – offender played a major role in directing others to fraudulently obtain the bank cheque – 39 years old – married with a young child – low to medium risk of re-offending – prior offences of dishonesty – small reduction in the full discount for the plea of guilty due to the offenders unsuccessful disputed facts application – two co-accused already sentenced – parity of sentencing considered – first time in custody – special circumstances found to enable the prisoner to re-adjust to community living upon release Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Victims Rights and Support Act 2013 Cases Cited: Attorney General's Application No 1 of 2002 (2002) 56 NSWLR 147 R v AB [2011] NSWCCA 229 R v De Simoni (1981) 147 CLR 383 R v Thompson and Houlton [2000] NSWCCA 309 Category: Sentence Parties: Regina (Crown) Rabbeh Hagali (Offender) Representation: Counsel: Ms Poulos (DPP Solicitor) Mr Brezniack (Counsel) File Number(s): 2016/00021235 Publication restriction: Nil