R v Abdulrahman - [2007] NSWSC 578

Reported Decision:
171 ACrimR 419

New South Wales

Supreme Court

CITATION: R v Abdulrahman [2007] NSWSC 578

HEARING DATE(S): 14, 23 February, 9 March, 20 April, 25 May 2007

JUDGMENT DATE :
7 June 2007

JURISDICTION: Common Law Division
Criminal List

JUDGMENT OF: Studdert J

DECISION: Sentenced to a non parole period of two years imprisonment to date from 16 June 2007 and to expire on 15 June 2009 A balance of term of six months is set to commence on 16 June 2009 and to expire on 15 December 2009. The non parole period for the sentence is to be served by way of periodic detention at North Parramatta Detention Centre, to which the offender is first to report at 8.00 am on 16 June 2007. The first date the offender will become eligible for release on parole is 15 June 2009.

LEGISLATION CITED: Crimes Act, ss 347, 350
Crimes (Sentencing Procedure) Act

CASES CITED: R v Blacklidge (unreported, NSWCCA, 12 December 1995)
R v Forbes [2005] NSWCCA 377
R v Huntingdon [1999] NSWSC 1314
R v Strahan [2000] NSWSC 537
R v Strahan [2003] NSWCCA 397
R v Sharp [2004] NSWSC 111
R v Sulman [2005] NSWSC 1244
R v Sandilands [2007] NSWSC 452

PARTIES: Regina v Rabih Abdulrahman
(NON PUBLICATION ORDER)

FILE NUMBER(S): SC 2006/1915

COUNSEL: E. Wilkins SC (14, 23 February, 9 March) (Crown)
A. Robertson (25 May) (Crown)
R. Button SC (Offender)

SOLICITORS: Office of the Director of Public Prosecutions (Crown)
Galloways Solicitors and Attorneys (Offender)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

STUDDERT J

Thursday 7 June 2007

2006/1915 REGINA v RABIH ABDULRAHMAN

SENTENCE

NON PUBLICATION ORDER
(There is to be no publication such as would identify the witnesses referred to in the statement of facts, Exhibit A.)

1 HIS HONOUR: On 14 February 2007 Rabih Abdulrahman (“the offender) pleaded guilty upon the presentation of an indictment charging him with an offence under s 347 of the Crimes Act of accessory after the fact. The maximum penalty provided for this category of offence under s 350 of the Crimes Act is imprisonment for five years. This maximum is to be contrasted with the statutory maximum for accessory after the fact to murder, as to which s 349 provides for a maximum penalty of twenty-five years imprisonment.

2 Pursuant to the same indictment, Ali Diab was charged with, and pleaded guilty to, the manslaughter of Wasiem Amer on 15 May 2005. The assistance which this offender, Rabih Abdulrahman, gave to Ali Diab after the slaying of the deceased and up to 7 June 2005, constituted the foundation of the offence charged against the offender, Rabih Abdulrahman.

3 The Crown presented a statement of facts, to which I shall refer in summarising the objective circumstances of the offence charged against the offender.

4 In May 2005 the offender and Ali Diab were engaged in the illegal activity of supplying drugs. So, too, was the deceased, and there was tension between…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Abdulrahman

Details

AGLC: R v Abdulrahman [2007] NSWSC 578
Case: [2007] NSWSC 578
Decision Date: 7 June 2007

CaseChat Overview and Summary

The case of R v Abdulrahman was heard in the Supreme Court of New South Wales. Rabih Abdulrahman pleaded guilty to being an accessory after the fact to manslaughter in relation to the death of Wasiem Amer, following a shooting incident in May 2005. Abdulrahman provided assistance to Ali Diab, who was charged with manslaughter, to evade apprehension. The court was required to decide on an appropriate sentence for Abdulrahman, taking into account various factors including the nature of the offence, the offender's background, and the potential for rehabilitation.

The court found that the offence was serious, given Abdulrahman's knowledge of Diab's actions and his subsequent assistance in evading capture. However, the court noted that the maximum penalty for accessory after the fact to manslaughter was five years imprisonment, which did not adequately reflect the seriousness of the crime. The court considered precedent cases and the purposes of sentencing as outlined in the Crimes (Sentencing Procedure) Act, before determining an appropriate sentence for Abdulrahman. The court also took into account the offender's background, criminal history, and prospects for rehabilitation.

The court ultimately sentenced Abdulrahman to a non-parole period of two years imprisonment, to be served by way of periodic detention at North Parramatta Detention Centre, followed by a balance of term of six months. The first date the offender will become eligible for release on parole is 15 June 2009. This sentence reflects the gravity of the offence, while also considering the offender's prospects for rehabilitation and the time already spent in custody.

Orders