R v Hussein [2018] NSWDC 519

District Court New South Wales

Medium Neutral Citation: R v Hussein [2018] NSWDC 519 Hearing dates: 9 November 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence 2yrs 3 months, NPP 1yr 3 months Catchwords: Call up for breach of s 9 bonds. Delay. No action taken. Aggravated kidnapping. Offender in a joint criminal enterprise with others. Offender participated in a crime planned by others for their benefit, probably out of false sense of loyalty. Criminal history incl gaol sentence for drug offences. Late plea of guilty. Personal circumstances favourable. Need for re-establishment in the community. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, 25 Edward I ch 29 Magna Carta, Imperial Acts Application Act 1969 Cases Cited: R v Doyle (1996) 84 A Crim R 287, R v Jones (unreported), NSWCCA, 30 June 1994 Category: Sentence Parties: Aws Hussein, the Crown Representation: Counsel:

R.A. Kimbell (Crown)

E. Wasilenia (Offender)

Solicitors:

DPP (Crown)

Andrew Scali (Offender) File Number(s): 2016/00214458 Publication restriction: Nil

Sentence 1. HIS HONOUR: Aws Mohammad Hussein stands before me for sentence as a consequence of having pleaded guilty to a charge that on 17 December 2015 at Newington in this State, while in the company of Rosalene Keshishian, Jade Konaraki and two unknown males, did detain Jacob Aboeid without his consent, with the intention of obtaining a financial advantage. The offender also asks me to take into account on a Form 1 a charge that on the same day he did take and drive a silver Mercedes Benz, the property of Jacob Aboeid without the consent of Jacob Aboeid.