R v Aboukhalil [2019] NSWDC 408

District Court New South Wales

Medium Neutral Citation: R v Aboukhalil [2019] NSWDC 408 Hearing dates: 27 June 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: (1) Ibrahem Aboukhalil is convicted of having on 7 June 2017, at Strathfield in the State of New South Wales, in the company of Haydar Alzanati, Jason Kahla and Matthew Guirguis, robbed Zachary Kennedy of a black Subaru Impreza motor vehicle, the property of Zachary Kennedy and at the time of the robbery wounding Zachary Kennedy. (2) Mr Aboukhalil is sentenced to a term of imprisonment of seven years with a non-parole period of four years. The term of imprisonment will commence on 22 June 2019 and expire on 21 June 2026. The non-parole period will commence on 22 June 2019 and expire on 21 June 2023, when Mr Aboukhalil will be first eligible for parole. (3) I note that a Victim Impact Statement was received and considered. Catchwords: SENTENCE — violent offence — robbery in company with wounding – parity with co-offender's sentence – utilitarian value of plea to lesser charge Legislation Cited: Crimes Act 1900, s 98, s 154C Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 22A Cases Cited: Dayment v R [2018] NSWCCA 132 Ith v R [2013] NSWCCA 280 PMW v R [2009] NSWCCA 34 R v Matthew Guirguis (District Court (NSW), Woodburne J, 22 March 2019, unrep) R v Sio [2013] NSWSC 1872 R v Wate [2001] NSWCCA 474 Regina v Fidow [2004] NSWCCA 172 Regina v Ngo [2001] NSWCCA 15 Regina v Pham [1999] NSWCCA 362 Category: Sentence Parties: Regina Ibrahem Aboukhalil (Offender) Representation: Counsel: Mr C Evans (Crown) Mr T Hughes (Offender)