R v El Khatib [2019] NSWDC 158

District Court New South Wales

Medium Neutral Citation: R v El Khatib [2019] NSWDC 158 Hearing dates: 8 March 2019 Date of orders: 19 March 2019 Decision date: 19 March 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Mr El Khatib is convicted upon six counts of corruptly receiving a benefit under s 249B of the Crimes Act 1900. (2) In respect of Count 11 of the indictment, I sentence Mr El Khatib to a fixed term of imprisonment of 18 months, commencing on 17 March 2019 and to conclude on 16 September 2020. (3) In respect of Counts 1, 3, 5, 7 and 9 of the indictment, I impose an aggregate sentence of three years and six months, and a non-parole period of two years to commence on 17 June 2019. The total aggregate term of imprisonment is to conclude on 16 December 2022, and the aggregate non-parole period is to commence on 17 June 2019 and conclude on 16 June 2021, with the aggregate parole period from 17 June 2021 to 16 December 2022. (4) In respect of the aggregate sentence, I note the following indicative sentences: (a) Count 1 – three years' imprisonment. (b) Count 3 – 18 months' imprisonment. (c) Count 5 – 18 months' imprisonment. (d) Count 7 – three months' imprisonment. (e) Count 9 – three months' imprisonment. (5) The total effective sentence, being the accumulation of the fixed term of imprisonment imposed in respect of Count 11, and the total aggregate sentence to be served largely concurrently, is for a period of three years and nine months, with a non-parole period of two years and three months. (6) I recommend that the offender be released to parole on 16 June 2021. Catchwords: SENTENCE – corruptly receiving benefits for favours – employee – middle-management – approximately $350,000 received over 2 years –– detriment to other sub-contractors – lack of remorse and contrition – parity – financial gain – series of criminal acts Legislation Cited: Crimes Act 1900, s 249B Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 24B, s 44, s 68 Cases Cited: Cheung v R (2001) 209 CLR 1 Filippou v R (2015) 256 CLR 47; [2015] HCA 29 R v Isaacs (1997) 41 NSWLR 374 R v Olbrich (1999) 199 CLR 270 Savvas v R (1995) 183 CLR 1 Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Regina Badih El Khatib Representation: Counsel: Ms S Traynor (Crown) Ms J Hickleton (Offender)