R v Haddara

[2022] ACTSC 224

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Haddara

Citation:

[2022] ACTSC 224

Hearing Dates:

29 August 2022, 7 November 2022

DecisionDates:

29 August 2022, 7 November 2022

Before:

Mossop J

Decision:

See [64]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – joint commission aggravated robbery – use of weapons and in company – plea of guilty – not proven beyond reasonable doubt offender had a leadership role or personally inflicted violence – low end of mid-range of objective seriousness – good rehabilitative prospects – motivation for offending unclear – sentence of imprisonment imposed – sentence to be served by way of intensive correction order with fine and community service

Legislation Cited:

Criminal Code 2002 (ACT), ss 45A, 310

Crimes (Sentencing) Act 2005 (ACT), s 11(3)

Cases Cited:

R v Apps (No 2) [2019] ACTSC 369

R v Batcheldor [2021] ACTSC 208
R v Evans; R v Reid [2020] ACTSC 169
R v Hanson [2022] ACTSC 107

R v Wilson; R v Beath-Williams [2022] ACTSC 20

Parties:

The Queen (Crown)

Omar Haddara (Offender)

Representation:

Counsel

A Chatterton (Crown)

M Kukulies-Smith (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Law (Offender)

File Numbers:

SCC 29 of 2022

SCC 30 of 2022

MOSSOP J:

Reasons given on 29 August 2022

Introduction

1. On 19 July 2022 the offender, Omar Haddara, pleaded guilty to one count of aggravated robbery contrary to s 310 of the Criminal Code 2002 (ACT) (CC2021/10092). The offence was an offence by joint commission by virtue of s 45A of the Criminal Code which provides that a person is taken to have committed an offence if they had entered into an agreement to commit an offence, pursuant to which the offence was carried out.

1. The maximum penalty is 25 years’ imprisonment, a fine of $400,000 or both.

Facts

1. The facts are agreed and are in summary as follows.

1. On 23 and 24 August 2021 the offender made multiple calls and sent multiple text messages to the victim of the offence in relation to an alleged debt:

(a)on 23 August the victim received 18 missed calls and the following messages from the offender:

(i)“its Omar here debt has been passed to me you have until tonite to pay what you owe. Try me”;

(ii)“where we meeting”; and

(iii)“with the money in full”.

(b)He also received a call from Kyle Butkovic in which Mr Butkovic told the victim that he owed him $600 for cocaine that Mr Butkovic had given him a few months earlier.

(c)On 24 August the victim received two further missed calls from the offender and the following message at 9:25pm: “You’re a weak dog and your debt has Just doubled and you’re getting flogged when I see you”.

1. The offender and Jennifer Hanson, who has already been sentenced for being knowingly concerned in the robbery, had been communicating with each other via Snapchat for a week or two prior to the offending. They knew of…