R v El Hassan, George - [2009] NSWDC 233

CITATION: R v El Hassan, George [2009] NSWDC 233

HEARING DATE(S): 08/05/2009, 22/06/2009

JUDGMENT DATE:
20 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: s.12Good Behaviour Bond - Breach call-up/ Malicious wound - The breach of the section 12 bond proved. s.12 bond revoked. Sentenced to impriosnment - non-parole period of 12 months. Balance of term of 3 months .
Robbery -Convicted -Sentenced to imprisonment - non-parole period of 22 months. Balance of term of 14 months. Refer the offender to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.

CATCHWORDS: Criminal Law - Sentence - after trial - robbery - breach of s.12 good behaviour bond (suspended sentence) - victim at ATM - victim's head forced against ATM - victim becomes disoriented - $220 taken - offender in area waiting for opportunity for 7 minutes - submission causation drug dependence - rejected - offender poor historian - difficulties in accepting reports - Drug Court referral.

LEGISLATION CITED: s.12 Crimes (Sentencing Procedure) Act

CASES CITED: R v Cuthbert (1967) 2 NSWR 329
R v Rushby (1977) NSWLR 597
R v Hayes [1984] 1 NSWLR 740
R v Palu v 134 A Crim R 174
R v Rause unreported NSWCCA 8 August 1992

PARTIES: Regina
George El Hassan

FILE NUMBER(S): 2007/21/0149; 2008/11/1149

COUNSEL: Defence: D Shridhar

SOLICITORS: Crown: Mr M Finlay O DPP

JUDGMENT
1. On 27 January 2009 George El Hassan was arraigned upon a charge that he had robbed Yan Li on 28 May 2008 at Redfern of $250. There was a lot more riding on any conviction for this offence than any sentence he might receive. Six and a half months earlier than the date of the robbery he had received a fifteen month suspended sentence. Upon conviction for a robbery he would be exposed to a revocation of the Section 12 Good Behaviour Bond and the subsequent activation of that fifteen month term of imprisonment.

2. The Crown case on the robbery charge was strong, nonetheless George El Hassan pleaded not guilty and put the Crown to proof as he was entitled to do. On 28 January the jury returned with a verdict of guilty. Today the offender is to be held accountable for his criminal involvement in the robbery and, as events have turned out, in the breach of the Section 12 Bond imposed by Judge Woods QC on 30 November 2007 for an offence of maliciously wounding a man, indeed a neighbour, named Naggar in the course of a street fight.

3. As sentencing Judge it falls to me to resolve a number of competing tensions as I strive to determine the appropriate sentence for this offence before this Court committed by this offender harming the victim he did in this community. My initial task requires an assessment of the objective criminality of the offence before the Court. I will also need to have regard to matters personal to the offender, subjective matters.

4. The starting point for such assessments…

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.

Keep reading for free

Create a free CaseChat account to read R v El Hassan, George and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2009] NSWDC 233
Decision Date: 20 August 2009

CaseChat Overview and Summary

In the case of R v El Hassan, George, the defendant was convicted of robbery and breaching a good behaviour bond. The dispute involved the sentence to be imposed after the defendant was found to have assaulted a victim at an ATM, causing disorientation and taking $220. The defendant had been waiting in the area for seven minutes for an opportunity to commit the crime. The matter was heard in the relevant court, where the legal issues centred on the appropriate sentence for the defendant's actions and whether drug dependence was a mitigating factor.

The court had to decide whether the defendant's drug dependence was a sufficient mitigating factor to lessen the severity of the sentence. However, the court rejected this submission, finding that the defendant was a poor historian and had difficulties in accepting reports. The court also considered the need for the defendant to be referred to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre. The court found that the breach of the section 12 bond was proven, and thus, the bond was revoked. The defendant was sentenced to imprisonment, with a non-parole period of 12 months and a balance of term of 3 months for the breach of the good behaviour bond.

For the robbery conviction, the defendant was sentenced to imprisonment, with a non-parole period of 22 months and a balance of term of 14 months. The court also ordered that the defendant be referred to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre. The court considered the need for the defendant to receive drug treatment as part of their rehabilitation and reintegration into society. The court's decision was based on the seriousness of the offence and the need to protect the community from further harm by the defendant. The final orders of the court included the revocation of the defendant's section 12 bond, imprisonment for the breach of the bond and the robbery conviction, and referral to the compulsory Drug Court for drug treatment.

Orders

Orders of the court

s.12Good Behaviour Bond - Breach call-up/ Malicious wound - The breach of the section 12 bond proved. s.12 bond revoked. Sentenced to impriosnment - non-parole period of 12 months. Balance of term of 3 months .

Robbery -Convicted -Sentenced to imprisonment - non-parole period of 22 months. Balance of term of 14 months. Refer the offender to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.

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.

CITATION:	R v El Hassan, George [2009] NSWDC 233
HEARING DATE(S):	08/05/2009, 22/06/2009
JUDGMENT DATE:	20 August 2009
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	s.12Good Behaviour Bond - Breach call-up/ Malicious wound - The breach of the section 12 bond proved. s.12 bond revoked. Sentenced to impriosnment - non-parole period of 12 months. Balance of term of 3 months . Robbery -Convicted -Sentenced to imprisonment - non-parole period of 22 months. Balance of term of 14 months. Refer the offender to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
CATCHWORDS:	Criminal Law - Sentence - after trial - robbery - breach of s.12 good behaviour bond (suspended sentence) - victim at ATM - victim's head forced against ATM - victim becomes disoriented - $220 taken - offender in area waiting for opportunity for 7 minutes - submission causation drug dependence - rejected - offender poor historian - difficulties in accepting reports - Drug Court referral.
LEGISLATION CITED:	s.12 Crimes (Sentencing Procedure) Act
CASES CITED:	R v Cuthbert (1967) 2 NSWR 329 R v Rushby (1977) NSWLR 597 R v Hayes [1984] 1 NSWLR 740 R v Palu v 134 A Crim R 174 R v Rause unreported NSWCCA 8 August 1992
PARTIES:	Regina George El Hassan
FILE NUMBER(S):	2007/21/0149; 2008/11/1149
COUNSEL:	Defence: D Shridhar
SOLICITORS:	Crown: Mr M Finlay O DPP