R v Saliba [2019] NSWDC 519

District Court New South Wales

Medium Neutral Citation: R v Saliba [2019] NSWDC 519 Hearing dates: 06 September 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: A term of imprisonment for four years (48 months) with a non-parole period of two and a half years (30 months). The commencement date of the sentence is 12 June 2019. The head sentence will expire on 11 June 2023, the non-parole period will expire on 11 December 2021. Catchwords: CRIME — Violent offences — Detain for advantage — Circumstances of aggravation SENTENCING — Relevant factors on sentence — Delay Legislation Cited: Crimes Act 1900 Cases Cited: Mill v Q (1988) 166 CLR 59 R v Moon [2000] NSWCCA 534 R v Newell [2004] NSWCCA 183 R v Todd (1982) 2 NSWLR 517 Sabra v Regina [2015] NSWCCA 38 Category: Sentence Parties: Regina (Crown) Elias Saliba (Offender) Representation: Counsel: S Barlow (Solicitor-Advocate, Crown) G Stanton (Offender)

Solicitors: Solicitor for Public Prosecutions (Crown) Agostino & Co (Offender) File Number(s): 2013/000248862

Judgment

Introduction 1. On Tuesday 11 June 2019 the offender was arraigned before a jury and pleaded not guilty to the following count: "That on 18 January 2012 in Prairiewood in the State of New South Wales being in company, did detain Adrian Angeliri without consent and with intent to obtain an advantage, and at the time of detaining actual bodily harm was occasioned to Adrian Angeliri contrary to section 96(3) of the Crimes Act 1900." 1. On Monday 17 June 2019 the jury found the offender guilty of the charge.