Director of Public Prosecutions v Kheir

[2014] VCC 1485

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -13-01561

DIRECTOR OF PUBLIC PROSECUTIONS

v

MAHMOUD KHEIR

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	11 August 2014
DATE OF SENTENCE:	11 August 2014
CASE MAY BE CITED AS:	DPP v Kheir
MEDIUM NEUTRAL CITATION:	[2014] VCC 1485

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F Holmes
For the Offender	Mr D Hannan

HIS HONOUR: 

1Mahmoud Kheir, you pleaded guilty to an offence of threatening to kill.  You have also admitted a number of prior convictions.  You can sit down for a moment.  Those prior convictions involve offences of violence, although no offences involving threatening to kill.

2Ordinarily issuing threats to kill is to be regarded as a serious offence which would require a term of imprisonment for a person with a record such as yours.  However, I have been provided helpfully with an outline of submissions by your counsel which sets out a number of factors, I do not think I need to go into them in great detail.  You are 35 years of age now and it is clear that you are suffering from a low IQ.  You have spent a deal of time in custody already and have unfortunately spent time in custody for an offence which you have been subsequently acquitted. 

3In those circumstances, I am persuaded that justice can be done by imposing a term of 170 days of imprisonment and declaring presentence detention of 170 days as time served on the sentence that I have just imposed, so that that will be deducted from the sentence you would otherwise have to serve, which means that that facilitates your immediate release.  I do not mean right now because I think you will probably have to go downstairs, but at least you will not have to serve any more time is the important message that I am endeavouring to send to you.

4So I convict you and sentence you to imprisonment for a period of 170 days and declare the 170 days of presentence detention.  Any other orders I need make?

5MS HOLMES:  No, Your Honour.

6HIS HONOUR:  No, thank you very much.  You can go, thank you. 

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