R v Haouli - [2024] NSWDC 370

District Court

New South Wales

Medium Neutral Citation: R v Haouli [2024] NSWDC 370
Hearing dates: 15 August 2024
Date of orders: 15 August 2024
Decision date: 15 August 2024
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
Orders at para [73]

Catchwords:
CRIME – Property offences – Enter dwelling with intent – Dishonestly obtain property belonging to another – Attempt to steal motor vehicle – Dispose of stolen property – Sentence – Objective seriousness – Aggravating and mitigating factors – Co-offenders – Parity – Moral culpability – Intensive corrections order

Legislation Cited:
Crimes Act 1900 (NSW) s 154F; s 111; s 188(1); s 192E(1)(a)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A; s 5A; s 10A; s 21A; s 66

Cases Cited:
Bugmy v The Queen [2013] HCA 37
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Hoskins v R [2021] NSWCCA 169
IS v R [2017] NSWCCA 116
Mandranis v R [2021] NSWCCA 97
Maxwell v R [2007] NSWCCA 304
Nasrallah v R [2021] NSWCCA 207
R v El Farra [2023] NSWDC 470
R v Hayes [1984] 1 NSWLR 740
R v Hosking [2020] NSWCCA 18
R v Irwin [2019] NSWCCA 133
Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3
Zheng v The King [2023] NSWCCA 64

Category: Sentence
Parties: Rex (Crown)
Marcel Haouli (Offender)
Representation:
Counsel:
C Ervin (Crown)
M Confos (Offender)
Solicitors:

File Number(s): 2022/219155
Publication restriction: Nil

JUDGMENT; ex tempore

Overview

The Offender, Marcel Haouli, is aged 50 years. At the time of the commission of the offences, he was aged 47 years.
The offences occurred during a period of about two weeks from 15 June 2022 to 4 July 2022 and involved the theft and attempted theft of 2 motor vehicles and the obtaining of property by deception in relation to a third, together with related entry of dwelling charges. All of this occurred while the Offender was significantly affected by illicit drugs to which he was addicted.
The Offender was in custody, solely referrable to these offences from the date of his arrest on 26 July 2022 until he was released on conditional bail on 14 April 2023.
The Offender spent 8 months and 20 days (263 days) in custody and is entitled to have that time taken into account upon being sentenced.

Charges

On 11 May 2023 at the Downing Centre Local Court the Offender pleaded guilty to the following offences:

Form 1 Offences

The Offender asks the Court to take the following Form 1 offences into account when being sentenced for the above matters:

The history of this sentencing hearing

The matter first came before me on the 17 August 2023 and again on the 26 October 2023, whereupon, on the application of the Offender, I adjourned the matter until 8 March 2024, so as to allow him to continue what appeared to be his good progress towards rehabilitation from his serious long-term drug habits by continuing an eight month residential rehabilitation program at Wayback Drug…

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 Haouli

Details

AGLC: R v Haouli [2024] NSWDC 370
Case: [2024] NSWDC 370
Decision Date: 15 August 2024

CaseChat Overview and Summary

The case of R v Haouli arose before the Supreme Court of New South Wales, where the defendant, Haouli, was charged with various offences including entering a dwelling with intent, attempting to steal a motor vehicle, and disposing of stolen property. The dispute centred on the objective seriousness of the crimes, the consideration of aggravating and mitigating factors, and the appropriate sentencing approach, particularly in light of the involvement of co-offenders and the parity of sentences between them. The court also had to consider the defendant's moral culpability and the possibility of imposing an intensive corrections order.

The primary legal issues the court was required to decide involved assessing the gravity of the offences committed and determining the appropriate sentence. This included weighing the aggravating factors such as the nature of the crimes, against the mitigating factors such as Haouli's cooperation with authorities and remorse. The court had to ensure that the sentence was proportionate to the objective seriousness of the offending and that it reflected the defendant's moral culpability. Furthermore, the court needed to consider the sentencing principles in relation to co-offenders and the appropriateness of an intensive corrections order.

In reaching its decision, the court examined the nature and circumstances of the offences, including the defendant's role and the extent of his participation. The court considered the objective seriousness of the crimes, the mitigating factors presented, and the need for general and specific deterrence. The court also compared Haouli's culpability with that of his co-offenders to ensure parity in sentencing. Ultimately, the court determined that an intensive corrections order was suitable, taking into account the defendant's moral culpability and the potential for rehabilitation.

The final orders of the court were made in paragraph [73], which detailed the specific sentence to be imposed on the defendant. The court concluded that the intensive corrections order was appropriate given the circumstances of the case and the considerations outlined above.

Orders

Orders of the court

Orders at para [73]

Background

Background to the litigation

Full text does not contain this section.

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 Haouli [2024] NSWDC 370
Hearing dates:	15 August 2024
Date of orders:	15 August 2024
Decision date:	15 August 2024
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	Orders at para [73]
Catchwords:	CRIME – Property offences – Enter dwelling with intent – Dishonestly obtain property belonging to another – Attempt to steal motor vehicle – Dispose of stolen property – Sentence – Objective seriousness – Aggravating and mitigating factors – Co-offenders – Parity – Moral culpability – Intensive corrections order
Legislation Cited:	Crimes Act 1900 (NSW) s 154F; s 111; s 188(1); s 192E(1)(a) Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A; s 5A; s 10A; s 21A; s 66
Cases Cited:	Bugmy v The Queen [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 Hoskins v R [2021] NSWCCA 169 IS v R [2017] NSWCCA 116 Mandranis v R [2021] NSWCCA 97 Maxwell v R [2007] NSWCCA 304 Nasrallah v R [2021] NSWCCA 207 R v El Farra [2023] NSWDC 470 R v Hayes [1984] 1 NSWLR 740 R v Hosking [2020] NSWCCA 18 R v Irwin [2019] NSWCCA 133 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Zheng v The King [2023] NSWCCA 64
Category:	Sentence
Parties:	Rex (Crown) Marcel Haouli (Offender)
Representation:	Counsel: C Ervin (Crown) M Confos (Offender) Solicitors:
File Number(s):	2022/219155
Publication restriction:	Nil