R v Alfar, Attallah

[2017] NSWDC 280

District Court

New South Wales

Medium Neutral Citation:	R v ALFAR, Attallah [2017] NSWDC 280
Hearing dates:	4 August 2017
Date of orders:	04 August 2017
Decision date:	04 August 2017
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Full time custodial sentence imposed. Full details at [92].
Catchwords:	Criminal – sentence – conspiracy to commit offence – dispose of property known to have been stolen – car re-birthing – additional matters on the Form 1 – conspiracy to cheat or defraud – Sentence – 58 years old - historical offences occurring 15 years earlier – leading role in the criminal operation – co-offenders already sentenced – parity – prior criminal record in Australia – deteriorating health of the offender – delay in prosecution – discount for the utilitarian benefit of the plea of guilty – special circumstances
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application No 1 of 2002 (2002) 56 NSWLR 147 Giourtalis v R [2013] NSWCCA 216 Jimmy v R [2010] NSWCCA 60 King (NSWCCA, 24 February 1998, unreported) Mill v The Queen (1988) 166 CLR 59 R v Blanco [1999] NSWCCA 121 R v Pickard [2011] SASCFC 134 R v Schwabegger (1998) 4 VR 649 R v Todd (1982) 2 NSWLR 517 Regina v Gay [2002] NSWCCA 6 Sabra v R [2015] NSWCCA 38 Savvas (No 2) v The Queen (1991) 58 A Crim R 175 Tyler v Chalmers [2007] NSWCCA 247 Veen (No. 2) v The Queen (1988) 164 CLR 465
Category:	Sentence
Parties:	Regina Attallah Alfar
Representation:	Counsel: Mr. Hughes – Director of Public Prosecutions Mr. Ainsworth – Offender
File Number(s):	2013/214747
Publication restriction:	Nil

SENTENCE

1. HIS HONOUR: I want to say from the outset in this matter that the sentencing of this particular prisoner has presented some difficulty for the Court. I do not in any way claim to be anywhere near perfect in terms of determining appropriate sentences for offenders, but the difficulties in this matter have arisen primarily because of the extended period of time since the offending and, dare I say, the uncertainty of events since the offending in terms of attributing any responsibility or blame for the extensive delay that has occurred.

2. According to the chronology provided by the Crown, the prisoner pleaded guilty on 3 August 2016 to a charge alleging that he, the prisoner, between 24 November 2001 and 1 August 2002 at Sydney and elsewhere in the State of New South Wales with Andrew Alfar and others conspired together to dispose of property, at the time of knowing that the said property had been stolen. The matter on the Form 1 is an allegation of conspiracy to cheat and defraud insurance companies, the facts of which I will come to shortly.

3. Dealing with this issue of delay. The prisoner, although alleged to have committed this offence between late November and 1 August 2002, travelled to Jordan with Andrew Alfar, his son, on 2 June 2002. Whilst the prisoner was absent from the…