Martin Thomas CLARK; Charlie RAFFOUL; Wahib FAJLOUN [2019] NSWDC 890

District Court New South Wales

Medium Neutral Citation: Martin Thomas CLARK; Charlie RAFFOUL; Wahib FAJLOUN [2019] NSWDC 890 Hearing dates: 22 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Criminal Before: Judge W Hunt Decision: In each case the offender is convicted In each case make a finding of special circumstances Mr Clark is sentenced to an aggregate term of imprisonment consisting of a head sentence of 5 years with a non-parole period of 3 years and 6 months. Mr Raffoul is sentenced to an aggregate term of imprisonment consisting of a head sentence of 4 years and 6 months with a non-parole period of 3 years. Mr Fajloun is sentenced to an aggregate term of imprisonment consisting of a head sentence of 6 years and 3 months with a non-parole period of 4 years and 3 months, Catchwords: CRIMINAL – Sentence – Disputed facts hearing - Aggravated detention – Assault - Actual bodily harm – Robbery in company – Each offender on conditional liberty at time of offending – Gratuitous cruelty - Special circumstances Legislation Cited: Crimes Act, 1900 Cases Cited: R v Callaghan [2006] NSWCCA 58 R v Henry (1999) 46 NSWLR 346; (1999) 106 AcrimR 149 R v Speechley [2012] NSWCCA 130 Veen v R (No2) 1988 164 CLR 465 Category: Sentence Parties: The Crown Martin Thomas Clark Charlie Raffoul Wahib Fajloun Representation: Mr R Stainer (sol) Crown Advocate Mr G Stanton (cl) for defendant Clark Mr P Allport (cl) for defendant Raffoul Ms M Swift (cl) for defendant Fajloun