R v Al-Mansoori

District Court

New South Wales

Medium Neutral Citation:	R v Al-Mansoori [2024] NSWDC 466
Hearing dates:	11 September 2024
Decision date:	12 September 2024
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 3 years with a non parole period of 1 year
Catchwords:	CRIMES-SENTENCE- use offensive weapon with intent to commit indictable offence - assault occasioning actual bodily harm - fail to stop and assist after an impact causing injury - special circumstances
Legislation Cited:	Crimes Act 1900 (NSW), ss33B(1)(a) and 59(1); Road Transport Act 2013 (NSW), s146(1)
Category:	Sentence
Parties:	Rex (Crown) Amjed Rifaah Al-Mansoori (offender)
Representation:	Mr El-Kheir – (ODPP Parramatta) Mr Karim – (Counsel for offender)
File Number(s):	2022/393493
Publication restriction:	Nil

JUDGMENT

1. Amjed Al-Mansoori, you appear for sentence today in relation to three offences. 

2. The first offence is using an offensive weapon or instrument with intent to commit the indictable offence of intimidation; this is sequence 7. Sequence 7 involves a contravention of s 33B(1)(a) of the Crimes Act 1900 (NSW). The maximum penalty for sequence 7 is imprisonment for 12 years. There is no standard non-parole period.

3. The second offence is assault occasioning actual bodily harm; this is sequence 6. Sequence 6 involves a contravention of s 59(1) of the Crimes Act. The maximum penalty for that offence is imprisonment for five years. There is no standard non-parole period for that offence.

4. The third offence is failing to stop and assist after an impact causing injury; this is sequence 4. Sequence 4 involves a contravention of s 146(1) of the Road Transport Act 2013 (NSW). The maximum penalty for that offence is imprisonment for 18 months.

5. Sequence 4 would usually be dealt with in the Local Court but, through your counsel, you have consented to me dealing with sequence 4 at the same time as sequences 7 and 6.

6. The facts surrounding the three offences are mainly contained in a statement of agreed facts.  To a limited extent, those facts have been expanded through your oral evidence yesterday.  The facts can be summarised as follows. 

7. Ms Mary Saab was for a time the wife of Mr Merhi.  Ms Saab and Mr Merhi had four children together. About six years before December 2022 they separated. 

8. After the separation of Ms Saab and Mr Merhi, those children lived with Ms Saab at her home in Merrylands. 

9. For 12 months before December 2022 you were in a de facto relationship with Ms Saab.  

10. On 30 December 2022, Mr Merhi went to his former wife’s premises to give money to her for their children.  When he arrived at those premises neither his former wife nor his children were present.  Mr Merhi waited in his vehicle and sent some text messages to one of his children trying to contact his former wife.  After a few minutes of waiting, you and Ms Saab arrived at those premises.  You and she arrived in a motor vehicle. You were the driver of that motor vehicle. 

11. When your motor vehicle…