R v Shareef [2019] NSWDC 651

District Court New South Wales

Medium Neutral Citation: R v Shareef [2019] NSWDC 651 Hearing dates: 22 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 4 years 6 months with a non-parole period of 3 years Catchwords: CRIME — Violent offences — Armed robbery — Offensive weapon SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Relevant factors on sentence — General principles SENTENCING — Relevant factors on sentence — Maximum penalty Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 number 1 of 2002 found at [2002] NSWCCA 518 R v Henry & Ors (1999) 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) Mohammed Alfaaz Shareef (Offender) Representation: Andrew Kemp (Crown) Johnson Jiang (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) Criminal Law Group (Offender) File Number(s): 2018/00287599

EX TEMPORE REVISED JUDGEMENT

INTRODUCTION 1. Mohammed Alfaaz Shareef appeared before me for sentence proceedings on 21 October 2019. The matter did not conclude until the end of the day and was adjourned therefore to the following day for the imposition of sentence, but due to the amount of work that I had before me on that occasion was adjourned once again to be concluded today. 2. He was committed for sentence to this court on 14 June 2019 from the Local Court in Penrith on a charge of robbery armed with an offensive weapon that occurred on the 19 June 2018 at Blacktown. The offence was against a man named Yussuf from whom the offender took $10,000 in Australian cash, an iPhone; a second mobile phone, a driver's licence in the victim's name, and a bankcard in the victim's name. The offensive weapon was an object that was presented in such a fashion that it was thought to be a silver-coloured pistol. 3. The offender confirmed his plea of guilty in the Local Court and adhered to his plea of guilty in this court. 4. When sentenced for the robbery offence he asks that I take into account an offence of recklessly dealing with the proceeds of crime. That arose in respect of a portion of the money that he took in the robbery used to acquire a motor vehicle, a silver Nissan Skyline 350 GT.