R v Abdel-Aziz [2018] NSWDC 468

District Court New South Wales

Medium Neutral Citation: R v Abdel-Aziz [2018] NSWDC 468 Hearing dates: 11 – 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: You are sentenced to a term of imprisonment of two years to be served by way of an intensive corrections order Catchwords: CRIME – SENTENCE – break, enter and steal knowing a person present in premises - co-offender with Pfuhl and Gardiner [2018] NSWDC 467 – joint criminal enterprise - in company but victim asleep during crime - small amount taken of no sentimental value - no property damage – young man aged 20 years at time of offence – prior good character – social disadvantage - - anxiety and depression - parity with sentences passed on co-offenders Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1991 Cases Cited: R v Ponfield [1999] NSWCCA 435 Category: Sentence Parties: Regina (Crown) Samir Abdel-Aziz (Offender) Representation: Counsel: Ms Stuart (Crown) Mr B Pierce (Offender)

Solicitors: Solicitors for the DPP (Crown) Not recorded (Offender) File Number(s): 2017/00145362 Publication restriction: Nil

sentence 1. HIS HONOUR: This afternoon Samir Abdel-Aziz stands for sentence as a consequence of a plea of guilty which he initially entered in the Local Court. Earlier today, at Darlinghurst, his co-offenders, Stephen Pfuhl and Jake Gardiner, stood for sentence for the same offence. 2. The matter first came before me on 14 June 2018 when it was adjourned because of a problem with the offence to which the offender had pleaded guilty. Initially he was charged that on 8 May 2017 he did break and enter the home unit of Christopher Coonrod situated at unit 801 at 2 Mandible Street, Alexandria, and entered the said unit to commit a serious indictable offence, namely larceny, in circumstances of aggravation, namely that he knew that there was a person present within the said unit. The matter was adjourned when I pointed out that on the evidence contained in the agreed facts there had been no breaking into unit 801. 3. Subsequently, the offender was charged with a different offence in these terms: that on 8 May 2017 he did break and enter the building at 2 Mandible Street, Alexandria, and then in unit 801 of the said building did commit a serious indictable offence, namely larceny, in circumstances of aggravation, namely that he knew there was a person present within that unit. To that offence the offender pleaded guilty this afternoon. Not only was there an amended court attendance notice, there was an amended set of facts put before me.