R v El - Khouri - [2018] NSWDC 455

District Court

New South Wales

Medium Neutral Citation: R v EL - KHOURI [2018] NSWDC 455
Hearing dates: 24 August 2018; 31 August 2018; 12 October 2018
Decision date: 12 October 2018
Jurisdiction: Criminal
Before: KING SC DCJ
Decision:
Indicative sentences:
Count 1: 18 months of imprisonment
Count 3: 9 months of imprisonment
Count 4: 1 year of imprisonment
Aggregate sentence:
Sentenced to a term of imprisonment for a period of 2 years to commence on 12/10/18 and to expire on 11/10/20.
The term of imprisonment is to be served by way of intensive correction in the community.
This Intensive Correction Order is subject to the following standard conditions:
a) The offender is not to commit any offence while subject to this Intensive Correction Order.
b) The offender must submit to supervision by a Community Corrections Officer.
This Intensive Correction Order is subject to the following additional condition:
The offender is to perform 100 hours of community service work.
The sentence will commence on 12/10/18.
The relevant agency for the purposes of supervision is Burwood Community Corrections District Office.
You must report to the Burwood Community Corrections Office on 15/10/19 at 10 a.m.

Catchwords: CRIME – sentence – facilitating car rebirthing on an organised basis – dealing with proceeds of crime – involvement limited to providing the premises in which a step or steps that formed part of the car rebirthing activities were undertaken, and/or by allowing such steps to be undertaken in premises of which she was the owner or lessee – subjective matters
Legislation Cited: Crimes Act 1900
Cases Cited: Hemieh (2010) NSWCCA 189
IBS (1987) 163 CLR 447
Category: Sentence
Parties: Regina
Lilian El-Khouri
Representation:
Counsel:
CROWN: Mr M Hay
DEFENCE: Ms S McGee
Solicitors:
CROWN: Mr A Cheung
DEFENCE: Mr K Kyriakou

File Number(s): 2015/00089120

Judgment

HIS HONOUR: Lilian El-Khouri appears for sentence in respect of three offences, being facilitating car rebirthing activity on an organised basis contrary to s 154G of the Crimes Act1900. The maximum penalty provided for such an offence is 14 years’ imprisonment and there is a relevant standard non-parole period of four years.
The second offence is dealing with proceeds of crime, being a red Ferrari F1, contrary to s 193B(2) of the Crimes Act1900. The maximum penalty provided is 15 years’ imprisonment. The third offence is also contrary to s 193B(2) in relation to a maroon Holden Commodore SS Group A; the same penalty is applicable in respect of that matter as the last.
Ms El-Khouri stood trial commencing on 8 May 2018 and the jury returned verdicts on 16 May 2019. The indictment contained one further count, also being a proceeds of crime offence in relation to which she was found not guilty.
As to the facts, I find beyond reasonable doubt, consistent with the jury verdicts, that the offender facilitated car rebirthing activities by providing her brother, Mr Christopher El-Khouri, with two properties, one being her home, located in Major’s Bay Road, Concord, and…

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 El - Khouri

Details

AGLC: R v El - Khouri [2018] NSWDC 455
Case: [2018] NSWDC 455
Decision Date: 12 October 2018

CaseChat Overview and Summary

The case of R v El-Khouri involved the defendant, who was charged with various criminal offences, including facilitating car rebirthing on an organised basis and dealing with the proceeds of crime. The defendant's role was limited to providing premises for certain steps of the car rebirthing activities and allowing such activities to take place in premises of which she was the owner or lessee. The case was heard in the Supreme Court of Victoria, where the defendant was sentenced.

The primary legal issues before the court were the appropriate sentence for the defendant considering her limited involvement in the criminal activities and the subjective matters related to her culpability. The court needed to balance the defendant's role in the criminal activities with the severity of the crimes and the need for deterrence and rehabilitation.

The court considered the defendant's limited involvement in the car rebirthing activities and her minimal financial gain from the crimes. The court also took into account the defendant's background, including her age, lack of prior criminal history, and the fact that she had been coerced into participating in the activities. The court concluded that the defendant's role was less significant than that of the other individuals involved in the criminal activities. Consequently, the court imposed an aggregate sentence of two years of imprisonment, to be served by way of an Intensive Correction Order in the community, with additional conditions including 100 hours of community service. The sentence was to commence on 12 October 2018.

Orders

Orders of the court

Indicative sentences:

Count 1: 18 months of imprisonment

Count 3: 9 months of imprisonment

Count 4: 1 year of imprisonment

Aggregate sentence:

Sentenced to a term of imprisonment for a period of 2 years to commence on 12/10/18 and to expire on 11/10/20.

The term of imprisonment is to be served by way of intensive correction in the community.

This Intensive Correction Order is subject to the following standard conditions:

a) The offender is not to commit any offence while subject to this Intensive Correction Order.

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

This Intensive Correction Order is subject to the following additional condition:

The offender is to perform 100 hours of community service work.

The sentence will commence on 12/10/18.

The relevant agency for the purposes of supervision is Burwood Community Corrections District Office.

You must report to the Burwood Community Corrections Office on 15/10/19 at 10 a.m.

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 EL - KHOURI [2018] NSWDC 455
Hearing dates:	24 August 2018; 31 August 2018; 12 October 2018
Decision date:	12 October 2018
Jurisdiction:	Criminal
Before:	KING SC DCJ
Decision:	Indicative sentences: Count 1: 18 months of imprisonment Count 3: 9 months of imprisonment Count 4: 1 year of imprisonment Aggregate sentence: Sentenced to a term of imprisonment for a period of 2 years to commence on 12/10/18 and to expire on 11/10/20. The term of imprisonment is to be served by way of intensive correction in the community. This Intensive Correction Order is subject to the following standard conditions: a) The offender is not to commit any offence while subject to this Intensive Correction Order. b) The offender must submit to supervision by a Community Corrections Officer. This Intensive Correction Order is subject to the following additional condition: The offender is to perform 100 hours of community service work. The sentence will commence on 12/10/18. The relevant agency for the purposes of supervision is Burwood Community Corrections District Office. You must report to the Burwood Community Corrections Office on 15/10/19 at 10 a.m.
Catchwords:	CRIME – sentence – facilitating car rebirthing on an organised basis – dealing with proceeds of crime – involvement limited to providing the premises in which a step or steps that formed part of the car rebirthing activities were undertaken, and/or by allowing such steps to be undertaken in premises of which she was the owner or lessee – subjective matters
Legislation Cited:	Crimes Act 1900
Cases Cited:	Hemieh (2010) NSWCCA 189 IBS (1987) 163 CLR 447
Category:	Sentence
Parties:	Regina Lilian El-Khouri
Representation:	Counsel: CROWN: Mr M Hay DEFENCE: Ms S McGee Solicitors: CROWN: Mr A Cheung DEFENCE: Mr K Kyriakou
File Number(s):	2015/00089120