R v Ahmad Alameddine; R v Lee McArthur [2018] NSWDC 43

District Court New South Wales

Medium Neutral Citation: R v Ahmad Alameddine; R v Lee McArthur [2018] NSWDC 43 Hearing dates: 8 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 Ahmed Alameddine is sentenced to an aggregate term of imprisonment consisting of a non‑parole period of 2 years and 3 months to date from 14 April 2017 and to expire on 13 July 2019 and an additional term of 2 years to expire on 13 July 2021. 2 Ahmed Alameddine is eligible to be released to parole on 13 July 2019. 3 Lee McArthur is sentenced to an aggregate term of imprisonment consisting of a non‑parole period of 3 years and 6 months to date from 24 September 2016 and to expire on 23 March 2020 and an additional term of 2 years to expire on 23 March 2022. 4 Lee McArthur is eligible to be released on parole on 23 March 2020. Catchwords: CRIMINAL LAW – offence - plea of guilty – aggravated break and enter – larceny – take and drive conveyance without consent SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – special circumstances – background – medical issue – aggregate sentence Legislation Cited: Crimes Act 1900 ss. 113(2), 154A(1)(a) Crimes (Sentencing Procedure) Act 1999 ss. 5, 21A(2)(j), 21A(2)(g), 21A(2)(d), 21A(2)(n), 21A(3)(h), 21A(3)(i), 54A Cases Cited: Muldrock v R (2011) 244 CLR 120 Palijan v R [2010] NSWCCA 142 R v Elemes [2000] NSWCCA 235 R v Innis [2008] NSWDC 260 R v Lawrence [2005] NSWCCA 91 R v Reilly [2012] NSWCCA 166 R v Scognamiglio (1991) 56 A Crim R 81 R v Wright (1997) 93 A Crim R 48 R v Youkhana [2004] NSWCCA 412 RL v R [2015] NSWCCA 106 Category: Sentence Parties: Regina (The Crown) Ahmad Alameddine (Offender) Lee McArthur (Offender) Representation: Counsel: Mr P Johnson (Alameddine) Mr S Lawrence (McArthur)