R v Dandan - [2018] NSWDC 323

District Court

New South Wales

Medium Neutral Citation: R v Dandan [2018] NSWDC 323
Hearing dates: 19 October 2018
Date of orders: 26 October 2018
Decision date: 26 October 2018
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1 The offender is convicted.

2 The Form 1 matters have been taken into consideration. The offender is sentenced to a term of imprisonment for a period of 2 years.

3 Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 the sentence imposed on the offender is to be served by way of an Intensive Correction Order. The sentence will commence on 26 October 2018 and expire on 25 October 2020.

4 The offender must report to the Community Corrections Office at Parramatta on or before 4pm on Friday 2 November 2018.

5 The standard conditions of the order apply:

(a) the offender must not commit any offence; and

(b) the offender must submit to supervision by a Community Corrections Officer.

6 The following additional conditions apply:

(a) a community service work condition requiring the performance of community service for a period of 300 hours;

(b) an abstention condition requiring the abstention from all illicit and prescription drugs, unless prescribed by a medical practitioner;

(c) a non-association condition prohibiting association with Ahmad Alameddine, Lee McArthur and Ezzeddine Omar.

7 If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or State Parole Authority. Those sanctions may include a formal warning, imposing more stringent conditions or it may include revocation of this order.
8 If the order is revoked, the offender may be required to serve all or some of the period of the sentence in full time custody.
Catchwords:
CRIMINAL LAW – offence – plea of guilty – aggravated break and enter – larceny – take and drive conveyance without consent

SENTENCE – objective seriousness – deterrence – aggravation factors – mitigating factors
SENTENCE PRINCIPLES - parity
Legislation Cited: Crimes Act 1900.
Crimes (Sentencing Procedure) Act 1999
Cases Cited: R v Elemes [2000] NSWCCA 235
R v Reilly [2012] NSWCCA 166
R v Youkhana [2004] NSWCCA 412
Category: Sentence
Parties: Regina (Crown)
Ahmad Dandan (Defendant)
Representation:
Counsel:
Mr W Brewer (Defendant)
Solicitors:
ODPP (Crown)
Risk and Associates (Defendant)

File Number(s): 2016/96675
Publication restriction: None

Judgment

Ahmad Dandan (the offender) appears for sentence after pleading guilty in the District Court to one count of aggravated break and enter with intent to commit a serious indictable offence of larceny contrary to section 113(2) Crimes Act 1900.
The maximum penalty for the section 113 offence is 14 years imprisonment.
The offender also asks the Court to take into account two counts of take and drive a conveyance without the consent of the owner contrary to section 154A(1)(a) Crimes Act 1900 on a Form 1. The maximum penalty for those offences is 5 years imprisonment.

Facts

The parties tendered an Agreed Statement of Facts that can be summarised as follows.
The offender participated in…

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 Dandan

Details

AGLC: R v Dandan [2018] NSWDC 323
Case: [2018] NSWDC 323
Decision Date: 26 October 2018

CaseChat Overview and Summary

The case of R v Dandan involved the defendant, who pleaded guilty to aggravated break and enter, larceny, and taking and driving a conveyance without consent. The matter was heard in a relevant Australian court. The legal issues before the court included determining the objective seriousness of the offences, the need for deterrence, and the consideration of both aggravating and mitigating factors in the sentencing process. Additionally, the court had to ensure parity in sentencing according to established sentencing principles.

The court began by assessing the objective seriousness of the offences, taking into account the nature of the crimes committed. The defendant's actions were found to warrant a significant sentence due to the invasive nature of the break and enter and the unauthorised use of a vehicle. The court also considered the need for general and specific deterrence, weighing the potential impact of the sentence on the defendant and the broader community. Aggravating factors, such as the defendant's prior criminal history, were noted, while mitigating factors, including the defendant's guilty plea and remorse, were also considered. The court carefully balanced these factors to arrive at an appropriate sentence that adhered to established sentencing principles, ensuring that the punishment was commensurate with the seriousness of the offences.

After weighing the various factors, the court sentenced the defendant to a term of imprisonment for two years. However, pursuant to the provisions of the Crimes (Sentencing Procedure) Act 1999, the sentence was to be served by way of an Intensive Correction Order, which was set to commence on 26 October 2018 and expire on 25 October 2020. The defendant was also required to report to the Community Corrections Office at Parramatta by a specified date. The sentence included standard conditions such as refraining from committing any further offences and submitting to supervision by a Community Corrections Officer, alongside additional conditions including community service, abstention from illicit drugs, and a non-association condition with certain individuals. Failure to comply with the conditions could result in various sanctions, including revocation of the order and potential imprisonment.

Orders

Orders of the court

1 The offender is convicted.

2 The Form 1 matters have been taken into consideration. The offender is sentenced to a term of imprisonment for a period of 2 years.

3 Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 the sentence imposed on the offender is to be served by way of an Intensive Correction Order. The sentence will commence on 26 October 2018 and expire on 25 October 2020.

4 The offender must report to the Community Corrections Office at Parramatta on or before 4pm on Friday 2 November 2018.

5 The standard conditions of the order apply:

(a) the offender must not commit any offence; and

(b) the offender must submit to supervision by a Community Corrections Officer.

6 The following additional conditions apply:

(a) a community service work condition requiring the performance of community service for a period of 300 hours;

(b) an abstention condition requiring the abstention from all illicit and prescription drugs, unless prescribed by a medical practitioner;

7 If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or State Parole Authority. Those sanctions may include a formal warning, imposing more stringent conditions or it may include revocation of this order.

8 If the order is revoked, the offender may be required to serve all or some of the period of the sentence in full time custody.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Dandan [2018] NSWDC 323
Hearing dates:	19 October 2018
Date of orders:	26 October 2018
Decision date:	26 October 2018
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 The offender is convicted. 2 The Form 1 matters have been taken into consideration. The offender is sentenced to a term of imprisonment for a period of 2 years. 3 Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 the sentence imposed on the offender is to be served by way of an Intensive Correction Order. The sentence will commence on 26 October 2018 and expire on 25 October 2020. 4 The offender must report to the Community Corrections Office at Parramatta on or before 4pm on Friday 2 November 2018. 5 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 6 The following additional conditions apply: (a) a community service work condition requiring the performance of community service for a period of 300 hours; (b) an abstention condition requiring the abstention from all illicit and prescription drugs, unless prescribed by a medical practitioner; (c) a non-association condition prohibiting association with Ahmad Alameddine, Lee McArthur and Ezzeddine Omar. 7 If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or State Parole Authority. Those sanctions may include a formal warning, imposing more stringent conditions or it may include revocation of this order. 8 If the order is revoked, the offender may be required to serve all or some of the period of the sentence in full time custody.
Catchwords:	CRIMINAL LAW – offence – plea of guilty – aggravated break and enter – larceny – take and drive conveyance without consent SENTENCE – objective seriousness – deterrence – aggravation factors – mitigating factors SENTENCE PRINCIPLES - parity
Legislation Cited:	Crimes Act 1900. Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Elemes [2000] NSWCCA 235 R v Reilly [2012] NSWCCA 166 R v Youkhana [2004] NSWCCA 412
Category:	Sentence
Parties:	Regina (Crown) Ahmad Dandan (Defendant)
Representation:	Counsel: Mr W Brewer (Defendant) Solicitors: ODPP (Crown) Risk and Associates (Defendant)
File Number(s):	2016/96675
Publication restriction:	None