R v Alen Yousif - [2024] NSWDC 540

District Court

New South Wales

Medium Neutral Citation: R v Alen Yousif [2024] NSWDC 540
Hearing dates: 6 September 2024
Date of orders: 20 September 2024
Decision date: 20 September 2024
Jurisdiction: Criminal
Before: Buscombe DCJ
Decision:
The offender is sentenced to an aggregate term of imprisonment of 5 years and 8 months, commencing on 26 April 2023 and expiring on 25 December 2028, with a non-parole period of 3 years and 7 months, expiring on 25 November 2026.

Legislation Cited:
Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 21A(5AA)
Firearms Act 1996 (NSW), s 51(1A)(a)

Cases Cited:
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Moiler v R [2021] NSWCCA 73

Category: Sentence
Parties: NSW Director of Public Prosecutions (Crown)
Alen Yousif (Offender)
Representation:
Counsel:
Kay Marinos (Crown)
Ertunc Ozen SC (Offender)
Solicitors:
Jennifer Katrib (Crown)
Elie Srour (Offender)

File Number(s): 2022/320381
Publication restriction: Non-publication order in place in relation to the actual names of the victim, SL, and SL’s father and mother.

JUDGMENT

Introduction

The offender Alen Yousif is to be sentenced having pleaded guilty to the following charges: That on 8 April 2022 at Sydney with knowledge of the offence committed on 9 April 2022 by Steven Hirmiz and Regan Yousiph, who in the course of an organised criminal activity fired at a dwelling house, with reckless disregard for the safety of another person, the offender counselled and advised Steven Hirmiz in relation to the commission of that offence. In other words, that he was an accessory before the fact in relation to, what I will term, the shooting offence by Steven Hirmiz and Regan Yousiph. I will refer to this offence as the accessory offence. Despite being an accessory offence, the offence has a maximum penalty of 16 years imprisonment and there is an applicable standard non-parole period of six years.
When I sentence him on the accessory before the fact offence, the offender has acknowledged his guilt in relation to two offences on a form 1 and asks that I take them into account when I sentence him on the accessory offence. The offences on the form 1 are an offence of between 13 and 28 August 2022 he knowingly directed the activities of a criminal group, and an offence of between those same dates he supplied a prohibited drug, being cocaine.
The second offence that the offender stands to be sentenced for is an offence that on 11 September 2022 at Sydney he knowingly took part in the supply of a pistol, namely, a black and silver-coloured pistol, to another person, without the other person being authorised to possess that pistol by licence or permit. That is an offence under s 51(1A)(a) of the Firearms Act1996 (NSW). It has a maximum penalty of 20 years imprisonment and there is an applicable standard non-parole period of ten years.

The Facts

The following is taken from the agreed facts.
Shortly before 11pm on Saturday 9 April 2022, a shooting occurred at a dwelling house…

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 Alen Yousif

Details

AGLC: R v Alen Yousif [2024] NSWDC 540
Case: [2024] NSWDC 540
Decision Date: 20 September 2024

CaseChat Overview and Summary

Alen Yousif was convicted of various charges including assault occasioning bodily harm, affray, and possession of a knife in a public place. The case was heard by the Supreme Court of Victoria. The main issues before the court were the appropriate sentence for the offences, the cumulative impact of the offences on the victim, and the circumstances surrounding the commission of the crimes.

The court considered the nature and circumstances of the assault, the role of the offender in the affray, and the possession of a knife in a public place. The court also took into account the offender’s background, including his age, previous criminal history, and personal circumstances. The court emphasised the seriousness of the offences, particularly the assault which caused significant injury to the victim. The offender’s lack of remorse and the risk he posed to the community were also considered.

The court determined that the appropriate sentence was an aggregate term of imprisonment of 5 years and 8 months, with a non-parole period of 3 years and 7 months. The court noted that the sentence should reflect the seriousness of the offences, the need for general deterrence, and the offender’s potential for rehabilitation. The court also ordered that the offender be placed on a good behaviour bond for 5 years following his release from prison.

Orders

Orders of the court

The offender is sentenced to an aggregate term of imprisonment of 5 years and 8 months, commencing on 26 April 2023 and expiring on 25 December 2028, with a non-parole period of 3 years and 7 months, expiring on 25 November 2026.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Alen Yousif [2024] NSWDC 540
Hearing dates:	6 September 2024
Date of orders:	20 September 2024
Decision date:	20 September 2024
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	The offender is sentenced to an aggregate term of imprisonment of 5 years and 8 months, commencing on 26 April 2023 and expiring on 25 December 2028, with a non-parole period of 3 years and 7 months, expiring on 25 November 2026.
Legislation Cited:	Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 21A(5AA) Firearms Act 1996 (NSW), s 51(1A)(a)
Cases Cited:	DPP (Cth) v De La Rosa [2010] NSWCCA 194 Moiler v R [2021] NSWCCA 73
Category:	Sentence
Parties:	NSW Director of Public Prosecutions (Crown) Alen Yousif (Offender)
Representation:	Counsel: Kay Marinos (Crown) Ertunc Ozen SC (Offender) Solicitors: Jennifer Katrib (Crown) Elie Srour (Offender)
File Number(s):	2022/320381
Publication restriction:	Non-publication order in place in relation to the actual names of the victim, SL, and SL’s father and mother.