R v Mohamed; R v Houry [2018] NSWDC 100

District Court New South Wales

Medium Neutral Citation: R v Mohamed; R v Houry [2018] NSWDC 100 Hearing dates: 3 November 2017 and 2 February 2018 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Criminal Before: Montgomery DCJ Decision: R v Mohamed: Ramy Mohamed is sentenced to a term of imprisonment for a term of 10 months. I order that the execution of the sentence be suspended for the term of the sentence pursuant to s 12 Crimes (Sentencing Procedure) Act 1999 (NSW). I direct that the offender be released from custody on condition that the offender enter into a good behaviour bond for the term of the sentence. Conditions applying during the term of the bond: appear before court if called to do so at any time; to be of good behaviour; accurately advise the Registrar of the Criminal Listing Directorate of the District Court at Parramatta of any change of residential address; accurately advise Roads and Maritime Service of any change of residential address for the purpose of keeping up to date his address shown on his motor vehicle driver licence; accept the supervision and guidance of and obey all reasonable directions of the Community Corrective Service for as long as that Service considers appropriate; accurately provide his residential address when asked to do so by Police.

R v Houry Hashem Houry is sentenced to imprisonment for a period of 1 year and 8 months. Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that the sentence be served by way of an Intensive Corrections Order and is subject to mandatory conditions prescribed by the Regulations under the Crimes (Administration of Sentences) Act 1999 (NSW). Catchwords: Criminal – sentence – pleas of guilty - accessory after the fact to the serious indictable offence of with menaces, demanding money with intent to steal – no evidence on oath given by offenders – suitability for Intensive Corrections Order – offender suitable for Intensive Corrections Order but no community service available Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 R v Zamagias [2002] NSWCCA 17 R v Thompson; R v Houlton (2008) 49 NSWLR 383; [2002] NSWCCA 309 Veen v The Queen (No. 2) (1988) 164 CLR 465 Category: Sentence Parties: Crown Ramy Mohamed Hashem Houry Representation: Counsel: Mr M Paish (Crown) Mr B Green (Offender Mohamed) Mr B Snelling (Offender Houry) File Number(s): R v Mohamed: 2015/215178. R v Houry: 2015/259623 Publication restriction: Nil