District Court
New South Wales
Medium Neutral Citation: R v El Farra [2023] NSWDC 470 Hearing dates: 26 October 2023 Decision date: 03 November 2023 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: Term of imprisonment of 2 years 9 months to be served by Intensive Corrections Order on conditions set out at paragraph [88](3)
Catchwords: CRIME - deemed supply of heroin, butanediol – proceeds of crime – attempt to steal motor vehicle – mental health issues – childhood trauma – drug and gambling addiction – extensive criminal record – good prospects of rehabilitation
Legislation Cited: Crimes (Sentencing Procedure) Act 1900, ss 5(1), 21A(2), 21A(2)(d), 21A(2)(j), 21A(3)(k), 73, 73A, 73B
Cases Cited: Barbieri v R [2016] NSWCCA 295
Bugmy v The Queen [2012] NSWCCA 223
Cahyadi v R (2007) 168 A Crim R 41
DPP v De La Rosa [2010] NSWCCA 194
Mandranis v R [2021] NSWCCA 97
Markarianv The Queen (2005) 228 CLR 357
Martin [2015] NSWCCA 6
Miller v R [2023] NSW CCA 267
R v Engert NSWCCA (20 November 1995 unreported)
R v Holder; R v Johnson (1983) 3 NSWLR 245
R v Letteri NSWCCA (18 March 1992 unreported)
Veen v The Queen (No 2) 1998 HCA 14
Category: Sentence Parties: Rex (Crown)
Fadi El Farra (Offender)Representation: Counsel:
C Erwin (Crown)
A Goldsworthy (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Dib & Associates Lawyers (Offender)
File Number(s): 2022/219115 Publication restriction: None
JUDGMENT
Introduction
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The Offender is 46 years old. He has an extensive criminal record spanning from 1994, when he was 17 years old, to 2022, when he was 44 years old. It is the sentence for the 2022 offences with which I am dealing.
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The Offender's criminal history involves convictions for property offences (break enter and steal, armed robbery, steal from person), drug-related offences (supply prohibited drug, possess prohibited drug), personal violence offence (assault occasioning actual bodily harm and maliciously wound), and reckless wounding.
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As a result of his criminal activity the Offender has spent approximately 9 years in custody prior to the present offending.
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For reasons I will explain I have concluded that all of the Offender’s criminal activity, including that which is before me, can be explained (albeit not excused) by his serious addiction to heroin, which in turn is a consequence of mental health issues which in turn are a consequence of significant trauma he suffered as a child, when he was sexually abused by one of his teachers.
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Over the years, the Offender has received some, albeit cursory treatment, for his addiction and mental health issues but has never disclosed to any of his treating practitioners (or to anyone else for that matter) the traumatic…
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- AGLC
- R v El Farra [2023] NSWDC 470
- Case
- [2023] NSWDC 470
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered the principles of sentencing, particularly the need for punishment and deterrence, alongside the need for rehabilitation given Farra's personal circumstances. The court examined the impact of his addictions and mental health issues on his offending behaviour and acknowledged his potential for rehabilitation. However, the court found that the sentence, while acknowledging these factors, was not manifestly inadequate. It was determined that the sentence appropriately balanced the need for punishment and deterrence with the prospects of rehabilitation, taking into account the totality of Farra's circumstances.
Consequently, the appeal was dismissed, and the original sentence was upheld. The court confirmed that the term of imprisonment of two years and nine months, to be served by an Intensive Corrections Order, was appropriate. The sentence was set out on conditions as outlined in paragraph [88](3) of the judgment. This decision underscores the court's approach to balancing the various considerations in sentencing, particularly in cases involving significant personal circumstances.
Orders
Orders of the court
Term of imprisonment of 2 years 9 months to be served by Intensive Corrections Order on conditions set out at paragraph [88](3)
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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