R v Omar [2018] NSWDC 393

District Court New South Wales

Medium Neutral Citation: R v Omar [2018] NSWDC 393 Hearing dates: 12 July 2018, 19 October 2018, 28 November 2018 Date of orders: 13 December 2018 Decision date: 13 December 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose an aggregate sentence of imprisonment of 6 years with a non-parole period of 4 years. 3 The sentence is to date from 23 March 2016. The non-parole period will expire on 22 March 2020 and the head sentence will expire on 22 March 2022. 4 The offender will be eligible to be released on parole on 22 March 2020. 5 I refer the offender to the Drug Court to be assessed as to his suitability for a Compulsory Drug Treatment Order. Catchwords: CRIMINAL LAW – offence – plea of guilty – aggravated break and enter – larceny – take and drive conveyance without consent SENTENCE – objective seriousness – deterrence – aggravation factors – mitigating factors SENTENCE PRINCIPLES - parity Legislation Cited: Crimes Act 1900. Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Elemes [2000] NSWCCA 235 R v Henry (1999) 46 NSWLR 346 R v Ly [2014] NSWCCA 78 R v Reilly [2012] NSWCCA 166 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: Regina v Ezzeddine Omar Representation: Counsel: Ms C Wasley (Defendant)