Director of Public Prosecutions v Ghanim

[2019] VCC 1271

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
 Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-00224

DIRECTOR OF PUBLIC PROSECUTIONS

v

SALWAN GHANIM

---

JUDGE:	HER HONOUR JUDGE RIDDELL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 August 2019
CASE MAY BE CITED AS:	DPP v Ghanim
MEDIUM NEUTRAL CITATION:	[2019] VCC 1271

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Fisher
For the Accused	Mr M. Cookson

HER HONOUR: 

1Salwan Ghanim, you have pleaded guilty to two charges of theft; one charge of burglary; two charges of handling stolen goods; one charge of home invasion; one charge of damaging an emergency service vehicle; one charge of conduct endangering persons; one charge of aggravated offence of recklessly exposing an emergency worker to risk by driving; as well as a summary offence of driving whilst disqualified. 

2Those offences related to a series of events occurring on 13 June 2018.  You and your co-offenders, Mr Ibrahim and Mr Alqasim, were all 18 years old at the time of the offending.  You are now 20. 

3You met up with your two co-offenders.  You were driving a Hyundai car that you knew to be stolen.  It was in fact stolen between 15 and 16 April 2018 from outside a Mr Hogg's home address in Greensborough by unknown offenders.  That is Charge 1, the theft of the motor vehicle, which you were driving.

4The stolen car also had stolen numberplates on the front and back and they had been stolen from a different Hyundai, on or about 18 April by unknown offenders.  That is Charge 2.

5Some time during the morning of that day, 13 June 2018, you committed a burglary on a residential premises in Hoppers Crossing.  You and your
co-offenders entered that house using a jemmy bar, and according to the victim Mr Quinn, the door was damaged and personal possessions were rifled through.  He describes the house as being 'turned upside down'.  That is
Charge 3, burglary.

6A Hugo Boss watch valued at approximately $400 - $500 was stolen.  That is Charge 4, theft.

7Not content with that, you three then proceeded to commit further offences.  At about 12.40 pm, the 15 year old victim, Olivia, was upstairs studying at her home alone.  She heard a knock and banging at the front door.  She looked out the window and saw a man, which was your co-offender, Mr Ibrahim, dressed in black, moving back to a silver Hyundai parked across the road.  He got into the back seat.  He was not known to her.  She then saw the Hyundai enter her driveway and then heard banging on the front door, causing the house to vibrate.  She immediately panicked and secured her bedroom door with her body weight, worried that someone would enter.  You, your co-offenders,
Mr Ibrahim and Alqasim, entered the house.  That is Charge 5, the home invasion.

8One or some of you were heard to walk up the stairs and according to the victim, it felt like a person was trying to open her bedroom door.  Olivia telephoned her mother and the police. 

9Fortunately police arrived shortly thereafter.  One of you apparently became aware of their presence and you all sought to run away.  You were all seen by police to exit the house, proving that you had, all three, entered that premises.  You were all wearing black gloves.  Your co-offender, Mr Alqasim, held the jemmy bar.  This has been used to open the front door of both that house and during the earlier burglary. 

10A marked police SUV and an unmarked police sedan arrived at the front of the house.  Detective Senior Constable Oakley exited the unmarked sedan and approached the front door of the house.  You ran from the front door and into the driver's seat of the stolen silver Hyundai in the driveway.  You accelerated heavily out of the driveway, as your co-offenders also ran from the house.  They chased the Hyundai, yelling at you to stop.  You slowed down at one point and the two co-offenders tried to get in. 

11Detective Senior Constable Oakley was running after the Hyundai.  He opened the rear passenger side door of the vehicle and yelled at you to stop.  You accelerated the Hyundai further up Barber Street, but you could not proceed when another marked police vehicle, driven by Detective Senior Constable Kershaw, with flashing blue lights activated, stopped in front of you.  The police vehicle was on the wrong side of the road to block the Hyundai.  It had the kerb on one side and a traffic island on the other.  The police vehicles were positioned facing each other nose-to-nose, but a distance apart. 

12Detective Senior Constable Oakley then opened your driver's door.  As he did so, you accelerated forward and deliberately struck the passenger's side bumper and wheel of the police vehicle, in an attempt to push past it.  The force pushed the police vehicle back a few meters.  Officer Kershaw attempted to do a U-turn and follow you, but the police vehicle was unable to be driven, due to the damage you caused.  That is Charge 7, damaging an emergency services vehicle.

13Your co-offender, Alqasim, ran away, but was chased and tackled to the ground by Detective Senior Constable Oakley.  He was arrested.  He was found to have jewellery belonging to the Quinns on his person.  The blue jemmy bar was located on the road nearby.  Mr Ibrahim also attempted to flee, but was arrested a short distance away. 

14You, however, continued to drive the stolen Hyundai across the median strip and into Heaths Road.  You turned east and crossed onto the wrong side of the road against oncoming traffic.  Driver, Lucy Abbott, had vehicles ahead of her and she did not see the oncoming Hyundai until it was upon her.  She drove her vehicle into the bike lane to avoid a collision.  She had dash cam footage, which was later provided to police.  That is Charge 8, reckless conduct endangering a person.

15Another unmarked police vehicle had activated the flashing blue lights and was travelling west on Heaths Road.  Detective Senior Constable Fox observed the stolen Hyundai coming towards the police vehicle on the wrong side of the road.  When the Hyundai was about 10 metres away, Detective Senior Constable Fox slowed the vehicle and heavily turned left, in an attempt to avoid a collision.  However, you kept driving at a speed of about 60 kilometres an hour and impacted the front of the police vehicle.  The airbags were deployed.  That is Charge 9, the aggravated offence of recklessly exposing emergency worker to risk by driving.  That offence is the most serious of the driving offences here, carrying a maximum of 10 years' imprisonment.

16You exited the Hyundai and you ran from the vehicle.  Detective Senior Constable Fox and other officers gave chase and arrested you not far from the scene.  At the time, you had the key to the Hyundai on your person.  You were disqualified from holding a licence at the time and that is the Summary
Charge 17.

17A subsequent search of the Hyundai located jewellery boxes and a machete in the boot.  Mr Quinn's Hugo Boss watch was in the cabin. 

18Victim, Thelma Pougios, saw the events on the news that night.  Her home had been burgled the day before, 12 June 2018 and jewellery in boxes was taken.  She identified the jewellery boxes and the machete located in the Hyundai as hers.  Her jewellery, however, is still outstanding.  That is Charge 6, retention of stolen goods. 

19You were taken to Werribee police station for interview, but essentially made 'no comment'.

20As I have said to your co-offenders, these are very serious offences.  In particular, home invasion and burglary represent a violation of people's safety and the sanctity of their homes.  It is deserving of denunciation and punishment.  You showed, by your involvement in these offences, a complete disregard for people's personal belongings and the right to safety in their own home. 

21In your case the situation is more serious.  In your effort to escape apprehension, you engaged in an episode of driving which put civilians, emergency workers and property at risk.  The legislature in recent times has recognised the seriousness of that situation.  In particular, exposing emergency workers to risk to their health and safety is an offence which the community will not tolerate.  Here, you damaged a police vehicle, to the point it was unable to be driven.  Further, you caused an innocent person to have to take evasive action to avoid a collision with you. 

22You had plenty of opportunity to stop.  You had the warning of a marked police car attending at the house and police calling on you to stop; you had a police officer running after you on foot; other vehicles displayed flashing lights and sirens.  If that was no enough to make you see sense, you were then met with a roadblock, which you accelerated through.  You drove on the wrong side of the road.  You hit a police car which had activated lights and police officers inside it.  You caused the airbags to deploy.  I accept the categorisation of that offence as reckless, rather than intentional, however.  These are serious examples of that offending.  You are very fortunate that none of those emergency workers were injured, nor any innocent civilian travelling on the roads. 

23The offence of aggravated offence of recklessly exposing emergency worker to risk by driving, was a Category 2 offence at the time of the offending.  I will return to that.  The offence is a serious motor vehicle offence.  On finding of guilt or a conviction where there is no licence, there is a mandatory disqualification of licence, for a period as the court sees fit. 

24At the time of this offending, you were disqualified from driving.  In this regard, you have a very relevant prior criminal history.  In 2015 you were dealt with for failing to stop a motor vehicle on police request.  In that same year, you were dealt with for 17 charges of theft of motor vehicle and four of attempted theft of motor vehicle.  You were released on a youth supervision order and then probation.  In 2016 you were twice placed on a further youth supervision order for driving whilst disqualified.  On 9 August 2017, you received a fine for exceeding a 100 kilometre speed limit by over 45 kilometres.  On the same occasion, you faced multiple charges of unlicensed driving and driving at a speed dangerous.

25You also have a relevant prior criminal record for offences of dishonesty and for violence.  Those include over 10 charges of burglary and aggravated burglary, where persons have been present or where you were carrying a weapon.  You have prior convictions for armed robbery, recklessly causing serious injury, unlawful assault, throwing a missile to endanger a person, assault by kicking, criminal damage, affray and numerous breaches of bail. 
I was told that the series of aggravated burglaries and armed robbery dealt with in 2017, related to theft of cigarettes from service stations. 

26You served your first term of youth justice detention at age 15.  Since then you have been back in youth justice detention on several occasions.  Most recently when sentenced on a consolidation of charges on 9 August 2017 to a total effective sentence of 29 months' imprisonment, having served a pre-sentence detention of 220 days.  It is five months after being released on parole on that sentence that you committed these offences.  It is a very sad criminal history to read for a person so young. 

27This matter has resolved reasonably quickly, though police witnesses were cross-examined at a committal in February.  You indicated, however, your intention to plead guilty to the current charges in May and you were arraigned on 16 May 2019.

28Your 19 year old co-offender, Mr Ibrahim, pleaded guilty before me in this court on 7 February of this year.  He pleaded guilty to home invasion; handling stolen goods, three charges; burglary; and theft.  He was sentenced the next day to 22 days' imprisonment, which he had served, combined with a three year community corrections order.  He was a person with no prior criminal history.

29Your other co-offender, also 19 at the time of his sentence, pleaded guilty in this court before me on 7 February of this year, to home invasion; three charges of handling stolen goods; burglary; theft; and resisting an emergency worker.  He was sentenced by me to two years', 11 months' in youth detention.  He was a young man with a relevant prior criminal history, including dishonesty offences, which included burglary and theft, as well as a prior matter for resisting arrest.  He had served one period of youth justice detention prior to this offending.  Of particular note was the fact that one week prior to this home invasion, he had been sentenced to a youth attendance order.  I will return to those matters and issues of parity in due course.

30Turning to your background.  You were born in Baghdad, Iraq, in July 1999.  You were raised by both of your parents.  You have one brother, who is about 15 years older than you; and two sisters, both older than you.  Your family are practising Catholics and in Baghdad, you lived in a Christian enclave. 

31When you were five years old in 2004, you and your family migrated to Australia.  You first stayed with an aunt and later your parents rented a home of their own in Gladstone Park, before moving house several times, living briefly in Bacchus Marsh, then Fawkner, Epping and Reservoir.  Your parents currently reside in a one bedroom unit in West Brunswick.  Your sisters, one of whom is about
25 years old and one is over 30, share a house in Reservoir.

32Your childhood family life, you say, was free of significant abuse and conflict, however, your father has served a prison sentence of three or four years over aggravated burglary, affray, and related charges.  You were his co-offender on some of those charges and I will return to that.

33Your father, now 58 years old, formerly worked as a commercial cleaner in Melbourne and as a home mechanic, but has not been able to work over the last few years due to several health issues.  Those have included a blocked artery, prostate cancer, diabetes and a number of strokes.  He is a man who now needs significant medical care.  Your mother, who is 56 years old, also formerly worked as a commercial cleaner with her husband and later in a grocery shop, however, she now suffers with arthritis and has not worked since about 2014.

34You attended Gladstone Park primary school and then Penola Catholic College for Year 7 and John Fawkner Secondary College for Year 8 and 9.  You did not enjoy being at school.  You say you were easily distracted and often got suspended for disruptive behaviour, although you were apparently not without some intelligence, showing an aptitude in particular for maths.  Leaving school at age 15, you then attended The Island Work Education Program in Coburg for about one month, learning the basics of carpentry.  You later completed a traffic management certificate program. 

35Over the last three years you have worked in a panel shop with your brother.  You have been employed as a traffic management officer and as a construction labourer, which is what you were doing just prior to being remanded.

36You were involved in kickboxing during your early teenage years, but you have not really been involved in any other hobbies or significant recreational interests. 

37You say you started consuming alcohol with your peers when you were about 13 years old and started smoking at 14.  You deny having ever used any illicit substances on a regular or significant basis. 

38It is apparent that your upbringing has not been without its difficulties.  Those close to you suggest more positive role models were needed for you.  Your father was present in court and is here again today.  He is a man with a prior record, as I have described.  He was sentenced in the court and was apparently released on parole in approximately March 2016. 

39As I have noted, the affray and some of the aggravated burglaries in your prior record were apparently committed in company with him.  I understand from your counsel's submissions the seriousness of the fact that you were recruited to assist on those occasions. The circumstances were that he apparently had a grievance with another mechanic.  He asked you and your older brother to accompany him in pursuit of that grievance.  You attended a commercial garage premises, where the victim was assaulted.  Your brother or father apparently produced a firearm.  They were dealt with in this court for aggravated burglary and your father was given a term of imprisonment, with parole apparently after approximately three years.

40Your counsel submitted that although your history does not place you in a category akin to Bugmy v The Queen[1], your parents' relationship has its difficulties and your father, in particular, was unable to be a role model for you in demonstrating how to follow the right path.  Further, your Counsel submitted you were exposed through him to some negative male influences in that context.  I accept those submissions and take them into account.

[1]Bugmy vThe Queen [2013] HCA 37

41Due to your father's prior criminal history, you are apparently unable to reside with your parents when you are released and so you will live with your older sisters.  One sister is a social worker and the other is employed at Kmart. 

42Upon being remanded, you spent some six months at Port Phillip Prison, before being moved to the Melbourne Remand Centre six months before the plea.  In any event, this is your first time in adult custody.  It has clearly been a difficult and eye-opening experience for you.  You reported that you have been lonely and depressed, adding, 'I think I'm the youngest prisoner here.  There's no one to talk to and I am alone a lot of the time.'  Apparently you have received some negative attention as a result of media coverage of your offending.  The difference between adult custody and a youth training centre, is apparently stark. 

43You are apparently employed as a cleaner and you sometimes have used the prison fitness centre.  You have been attending rehabilitation programs when available to you and they have included stress and worry and the ATLAS
post-release preparation program. 

44You receive personal visits from your family and your girlfriend, as well as a friend.  When you are released from prison, you plan to reside with your sisters and you have an offer of employment as a construction labourer through your friend.  Those are real positives, as is the ongoing support from your parents. 

45You were assessed by Mr Ian McKinnon, psychologist.  He describes your history.  He says by the time of your mid-adolescence, you were regularly getting into trouble and engaging in delinquent behaviour with negative peer groups.  I expect part of your behaviour was in a misguided effort to fit in. 

46Mr McKinnon identifies that your experiences over the last 12 months in adult custody have had a salutary effect on you.  On the positive, you have been separated from the negative peer group with whom you were associating.  Your eyes have apparently been opened to the shallowness and lack of loyalty that characterised your peer group.  This recognition has apparently enabled you to talk at length with your family and friends about your past mistakes and about your hopes for the future.  Mr McKinnon says this reflection has caused you to experience genuine remorse and a deep sense of personal disappointment at the anti-social and unproductive pathway your life has taken.  In this context, he says you appear to have experienced a significant shift in your thinking and your moral compass appears to have been reignited.  He says you are keen to take up employment and strengthen your commitments to your family, your girlfriend and your positive friendship circle. 

47Despite your prior criminal history, in Mr McKinnon's opinion, you currently possess significant determination to comply with the law in the future and you have some chance, he says, of complying with any order the court may impose.  He assesses you as being of normal intelligence and suffering a mild to moderate reactive depression to your current situation, however, you are apparently coping in custody.  He says your post-release prospects will be enhanced if you are able to resume working, under the structure of supervision.

48You are likely to continue to find imprisonment particularly difficult and socially isolating.  In Mr McKinnon's opinion, you could be appropriately placed in a youth justice centre, where you can socialise with peers and avoid coming into direct contact with serious adult prisoners.  I accept as a young man, serving a term of imprisonment in an adult custodial setting will be onerous for you.

49I return to consideration of applicable sentencing principles.  General deterrence, just punishment and community protection are at the forefront of sentencing considerations in a case such of this.  In other words, others must be dissuaded from behaving in the way you behaved during this offending and the community must be protected.  Home invasion, in particular, carries a maximum penalty of 25 years' imprisonment. 

50In determining the level of seriousness of this particular home invasion,
I accepted the categorisation by your co-offender's counsel, namely that the evidence demonstrated efforts to ensure, in fact, that no person was present.  That same categorisation applies in your case.  It does reduce your moral culpability to some extent.  However, the reality is, any time you enter a residential premises, you take a risk that a person will be present.  Your prior history of aggravated burglaries, including some residential where persons were present, must have made that apparent to you. 

51The home invasion here was premeditated and planned.  You were all wearing gloves, you have a jemmy bar.  Further, it must have been a frightening experience for the victim, who was a young girl, home alone.  Fortunately it was a very brief episode.  Despite the fact there is no victim impact statement, I can well understand the likely nature of impact on her would be one of feeling a lack of safety in her own home, of likely hyper vigilance and anxiety. 

52These were a series of offences.  Earlier in the day you had committed the other burglary in the same suburb.  Although no one was present at the time, people arrived home to find their house in disarray, belongings upturned, possessions gone through.  The impact on those persons is also real, given the uncertainty about safety of their home, the feelings of violation that their personal belongings had been rifled through.  A number of those items, including the Hugo Boss watch, were sentimental to their owners.  That watch was given to the victim by his family on the occasion of his 40th birthday.  It is very fortunate it was returned.  The victim of Charge 6, however, was not so fortunate.  Her jewellery, which you retained, has still not been recovered. 

53In your case, specific deterrence also has a real part to play.  Your prior history, including several terms of youth justice detention, has not apparently deterred you from further offending.  Sanctions aimed at your rehabilitation have not been taken up by you.  I have noted comments in a bail report from Youth Justice, to the effect that your engagement with them has only been superficial.  The fact that these offences were committed when you were on parole, is an aggravating feature here. 

54Your counsel urged on me consideration of your young age.  That indeed is the main positive factor in your case.  Sentencing considerations in the circumstances of a young offender are radically different to those of an older offender.  Higher courts in the matters of Azzopardi v R[2] and R vMills[3] have outlined the particular features which a sentencing judge must take into account when dealing with a young offender, that is, a person under 21. 

[2]Azzopardi v R;Baltatzis v R; Gabriel v R (2011) 35 VR 43

[3]Mills [1998] 4 VR 235

55I have taken those matters into account.  In particular, the greater focus on rehabilitation and reclamation of young offenders who may lack a degree of insight, judgment and self-control that is possessed by an adult.  I am also mindful that the effects of incarceration in an adult prison on a young person may be more likely to impair than improve prospects of rehabilitation.  Potential for rehabilitation in a young offender, it is said, exists because they are typically still in a state of mental and emotional development and may be open to influences designed to positively change their behaviour.  However, in your case, ultimately my decision was that you are not suitable for a sentence of youth justice detention, given your past history. 

56Counsel for the prosecution also rightly pointed out that those considerations in relation to young offenders diminish in counterpoint to the seriousness of the offending involved.  They also decrease in importance when a number of opportunities have been given for rehabilitation and therapeutic intervention.  You have had and breached such opportunities. 

57Your prospects of rehabilitation are very guarded, in my view.  However, I take into account the positives I have referred to from Mr McKinnon's report and
I also take into account and you do receive the benefit of your plea of guilty entered here at a reasonably early stage. 

58I accept your plea of guilty is an expression of remorse on your part.  I accept that your remorse has grown as you have been in custody, with time to reflect on your behaviour.  I accept you are developing insight into your past actions, perhaps because of that incarceration and perhaps because of your growing maturity.

59Mr McKinnon states that although you have demonstrated anti-social traits, you do not possess an inherently anti-social character.  He says you are genuinely remorseful, not proud of your criminal history and now very aware you will suffer because of it, along with your friends, family and victims.  You were able to express some victim empathy. 

60I accept the letters from your father, mother, sister and family friend, which talk of you as a young man who should not be defined by his mistakes and who has potential to do good and live a healthy life.  Your sister indeed believes you can set up your life for success in work and study and she will assist you to meet positive role models. 

61I indicated I would return to considerations of parity.  Parity, of course, is not limited to the role played in offending.  It must take into account, as much as feasible, the matrix of the offending and the person's personal circumstances and history. 

62There is no real distinction here between you and your co-offenders regarding roles in the offending for which you were jointly charged.  That relates to the home invasion, burglary and associated dishonesty offences, though I do note, your charge is one of theft of motor vehicle, where theirs was retention.  However, given your criminal history, your moral culpability is higher in relation to the burglary and home invasion offences.  That is, as I have outlined, you have been sentenced on similar matters in the past.  You understand, or should understand the seriousness of that offending and you have not been deterred by those earlier sentences.

63There were significant difference in relation to the personal circumstances of the three of you.  Mr Ibrahim had served 22 days in adult custody.  He was sentenced ultimately to those days, plus a three year community corrections order.  He was a young man with no prior convictions.  That was his first ever experience of incarceration and it was in the adult setting for three weeks, before being granted bail.  He had performed very well on bail, engaging in
full-time employment and in rehabilitation programs.  He was a young man with some serious and ongoing health issues and who had had some significant family issues. 

64In relation to Mr Alqasim, he had a prior criminal record, though less serious than yours.  He had previously served one term of youth justice detention.  He had served 269 days in adult custody before being sentenced by me to youth justice detention of two years and 11 months.  That pre-sentence detention was taken into account. 

65Neither of those men faced the serious driving charges to which you have pleaded guilty. One of those offences, the offence of the aggravated offence of recklessly exposing an emergency service worker to risk by driving, is subject to the provisions of s.5(2H) of the Sentencing Act.  That is a sentence, therefore, that requires an immediate term of imprisonment and not a combination sentence, unless there are ‘substantial and compelling circumstances that are exceptional and rare’ and that justify not making such an order.  It is rare that the legislature sets such a high hurdle.  It is a clear indication that the expected sentence for that offending must be one of immediate imprisonment.  It could not be sensibly argued here that your circumstances meet that high test.

66I do not believe it is appropriate to order an aggregate sentence for the driving matters and there is, in any event, a presumption of cumulation in relation to Charges 7 and 9.  Although those matters are part of one episode, damaging a police vehicle, endangering a civilian and a police officer, in my view, must be separately reflected in the sentence.  The closeness in time of those events does allow for a more modest cumulation than I would otherwise have ordered. 

67I have given consideration to a community corrections order, in combination with a term of imprisonment, as urged by your counsel.  I have given consideration to whether that would be an appropriate disposition for the home invasion and dishonesty offences.  In light of the limitations on a combination sentence, ultimately I have decided that is not the appropriate disposition in this case.

68I you could stand please, Mr Ghanim.

69The sentence then I impose is as follows: 

70In relation to Charge 1, theft of motor vehicle, you are convicted and sentenced to four months' imprisonment. 

71In relation to Charge 2, you are convicted and sentenced to one month imprisonment.

72In relation to Charge 3, burglary, you are convicted and sentenced to 22 months' imprisonment. 

73In relation to Charge 4, theft, you are convicted and sentenced to six months' imprisonment.

74In relation to Charge 5, the home invasion, you are convicted and sentenced to two years' and three months' imprisonment.  And that is the base sentence.

75In relation to Charge 6, the retention of the stolen jewellery, you are convicted and sentenced to two months' imprisonment.

76In relation to Charge 7, damaging the emergency services vehicle, you are convicted and sentenced to eight months' imprisonment. 

77In relation to Charge 8, the reckless conduct endangering a person - sorry, that is the - yes, reckless conduct endangering a person, you are convicted and sentenced to 12 months' imprisonment. 

78In relation to Charge 9, which is the aggravated offence of recklessly exposing emergency workers to risk by driving, you are convicted and sentenced to
18 months' imprisonment. 

79In relation to the summary charge of driving whilst disqualified, you are convicted and sentenced three months' imprisonment. 

80I make the following orders for cumulation on the base sentence:

81In relation to Charge 1, one month is to be cumulative. 

82In relation to Charge 3, six months is to be cumulative.

83In relation to Charge 4, three months is to be cumulative.

84In relation to Charge 7, two months cumulative. 

85In relation to Charge 8, three months cumulative.

86In relation to Charge 9, six months cumulative.

87What that equates to, Mr Ghanim, is a total effective sentence of four years' imprisonment. 

88I order that you are to serve two years and four months before you are eligible for parole on that sentence. 

89I declare pre-sentence detention of 426 days as having been served. 

90In relation to the charges of theft of motor vehicle and driving whilst disqualified, I impose a disqualification on your licence of three years.  And I will just confirm with counsel.  I think I can backdate that to the date of the offence, but if you can just confirm. 

91But for your plea of guilty, so in other words, if you had not pleaded guilty, the sentence I would have impose would have been one of five years' and two months' imprisonment, with a non-parole period of three and a half years' imprisonment. 

92Have a seat there, Mr Ghanim, and I am just going to check this driving matter.

93Yes.

94MR FISHER:  My understanding, without looking at the section, is that you cannot backdate it.

95HER HONOUR:  All right.  

96MR FISHER:  You could do so if his licence was taken from him. 

97HER HONOUR:  At the time?

98MR FISHER:  At the time.

99HER HONOUR:  All right.  All right. 

100MR FISHER:  So all Your Honour can do is simply to give effect, if Your Honour was intending to backdate it and now can't.

101HER HONOUR:  Yes.  No.

102MR FISHER:  Then simply adjust the figures accordingly.

103HER HONOUR:  Yes, I will do that.  All right.

104Well the period that I am going to impose then is one - actually, just hang on.  Give me a minute.  The period I am going to impose then is one of one year and four months.

105MR COOKSON:  As Your Honour pleases.

106HER HONOUR:  So, Mr Ghanim, what that means in relation to your licence, is that you should be eligible to reapply for a driver's licence at around the same time you are eligible for parole.  It is actually a light disqualification period, but
I am doing it deliberately, because I would hate to see you back in any court because you are driving without a licence, so I encourage you to make those enquiries and take those steps, so that when you do come out of custody, you have capacity to have a licence. 

107I did pronounce pre-sentence detention, from memory.

108MR COOKSON:  Yes, Your Honour. 

109HER HONOUR:  I think I get 426 days and I reckoned that as having been served. 

110All right, thank you, remove Mr Ghanim please.  Thank you. 

111HER HONOUR:  Thanks, counsel, for your assistance.

112MR FISHER:  As Your Honour pleases.

113HER HONOUR:  We will stand down until half past 11.  Thank you.

‑ ‑ ‑