R v Haddad

Case [2023] NSWDC 393


District Court


New South Wales

Medium Neutral Citation: R v Haddad [2023] NSWDC 393
Hearing dates: 31 August 2023
Decision date: 29 September 2023
Jurisdiction:Criminal
Before: Newlinds SC DCJ
Decision:

1.    The Offender is sentenced to an aggregate term of imprisonment of 4 years and 6 months.

2   The sentence is taken to commence on 17 August 2022.

3   The first date the Offender is eligible for parole is 16 August 2025.

4 Pursuant to s 18B of the Drug Court Act 2000 the Offender is referred to the Drug Court to consider whether he should be the subject of a compulsory drug treatment order whilst in custody.

Catchwords:

CRIME – Sentence – Reckless wounding – Aggravated robbery with wounding/grievous bodily harm – Dishonestly obtain property by deception – Early plea of guilty – Young offender – Significant criminal history – Offender on conditional liberty – Bugmy principle – Drug addition – Mental health

Legislation Cited:

Crimes (Sentencing and Procedure Act) 1999, s 25D(2)(a), s 21A, 3A

Drug Court Act 2000, s 18B, 5A

Mental Health Act 2007, s 22

Cases Cited:

Attorney General's Application Under S37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518

Benitez v R (2006) 160 A Crim R 166

Bugmy v The Queen [2013] HCA 37

Director of Public Prosecutions (Cth) v De La Rosa (2010) 243 FLR 28; 205 A Crim R 1; [2010] NSWCCA 194

Dixon v The Queen [2019] NSWCCA 85

McDonald v R [2015] NSWCCA 280

Moiler v R [2021] NSWCCA 73.

Nguyen v R [2019] NSWCCA 209

Pattison v R [2007] NSWCCA 186

R v Henry [1999] NSW CCA 111

RvJenkins [1999] NSWCCA 110

R v McNaughton (2006) 66 NSWLR 566

R v Millwood [2012] NSWCCA 2

R v Mitchell; R v Gallagher [2007] NSWCCA 296

R v Thomas [2008] NSWCCA 269

Shaw v R [2008] NSWCCA 58

Stevens v R [2017] NSWCCA 216

The Queenv De Simoni (1981) 147 CLR 383

Veen v The Queen (No 2) (1988) 164 CLR 465

Category:Sentence
Parties: Rex (Crown)
Andrew Junior Haddad (Offender)
Representation:

Counsel:
C Shaw (Crown)
S Talbert (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Veronica Love (Offender)
File Number(s): 2022/029623
2022/243436
Publication restriction: None

JUDGMENT

Introduction

  1. The Offender, Andre Junior Haddad, is being sentenced for the following two offences:

  1. Reckless wounding, contrary to s 35(4) of the Crimes Act 1900 (NSW), This offence relates to events on 7 January 2022. The maximum penalty is 7 years with a standard non-parole period of 3 years.

  2. Aggravated robbery with wounding/grievous bodily harm, contrary to s 96 of the Crimes Act 1900 (NSW), This offence relates to events on 13 June 2022. The maximum penalty is 25 years imprisonment. There is no standard non-parole period specified.

  1. The Offender also asks that the Court take into account one offence of dishonestly obtain property by deception, contrary to s 192E(1) of the Crimes Act on a…

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Details
AGLC
R v Haddad [2023] NSWDC 393
Case
[2023] NSWDC 393
Decision Date

CaseChat Overview and Summary

The defendant, Haddad, was charged with several offences, including reckless wounding, aggravated robbery with wounding or grievous bodily harm, and obtaining property by deception. The case was heard in a relevant Australian court, which was tasked with determining the appropriate sentence for the defendant. The defendant had pleaded guilty to the charges, and the court needed to consider several factors, including the defendant's criminal history, his age, his status as a young offender, his addiction to drugs, and his mental health issues. The court also had to take into account the principle of Bugmy, which requires the court to consider the defendant's circumstances when determining an appropriate sentence.

The court had to consider whether the defendant's significant criminal history warranted a harsher sentence, and whether his addiction and mental health issues should be taken into account as mitigating factors. The court also had to consider the defendant's age and status as a young offender, and whether this should result in a lesser sentence. Additionally, the court had to consider the principle of Bugmy, which requires the court to take into account the defendant's circumstances when determining an appropriate sentence. The court ultimately decided that the defendant should be sentenced to an aggregate term of imprisonment of 4 years and 6 months, with the sentence to commence on 17 August 2022. The defendant will be eligible for parole on 16 August 2025. The court also referred the defendant to the Drug Court to consider whether he should be the subject of a compulsory drug treatment order whilst in custody.

The court's decision was based on a careful consideration of all the relevant factors, including the defendant's criminal history, his addiction and mental health issues, his age, and the principle of Bugmy. The court took into account the defendant's early plea of guilty and his status as a young offender, but ultimately determined that a sentence of 4 years and 6 months was appropriate. The court also referred the defendant to the Drug Court to consider whether he should be the subject of a compulsory drug treatment order whilst in custody, in light of his addiction issues. The final orders of the court reflect this decision, with the defendant's sentence to commence on 17 August 2022, and his eligibility for parole on 16 August 2025.

Orders

Orders of the court

1. The Offender is sentenced to an aggregate term of imprisonment of 4 years and 6 months.

2 The sentence is taken to commence on 17 August 2022.

3 The first date the Offender is eligible for parole is 16 August 2025.

4 Pursuant to s 18B of the Drug Court Act 2000 the Offender is referred to the Drug Court to consider whether he should be the subject of a compulsory drug treatment order whilst in custody.

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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