R v Harry Ghamraoui - [2008] NSWDC 31

NEW SOUTH WALES DISTRICT COURT

CITATION:
R v Harry Ghamraoui [2008] NSWDC 31

FILE NUMBER(S):
07/11/0530
07/11/0532

HEARING DATE(S):
8/02/08
15/02/08
8/03/08

JUDGMENT DATE:
8 March 2008

PARTIES:
Regina
Harry Ghamraoui

JUDGMENT OF:
Knox SC DCJ

COUNSEL:
Crown: Ms Blizard
Defence: Mr Webb

SOLICITORS:

CATCHWORDS:
Publish False Statement With Intent to Obtain Financial Advantage
Dishonestly Obtain Financial Advantage by Deception
Use Copies of a False Instrument
Robbery
Form 1 offences
s166 certificate
Drive vehicle in manner that menaces other with intent
Negligent driving
Drive whilst disqualified
drug addiction
gambling addiction
denies knowledge of offences
on conditional liberty at the time of the offences
position of trust
long history of prior offences
plea of guilty
mid-range criminality
special circumstances

LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED:
Thomas [2007] NSW CCA 19
R v Youkhana [2004] NSWCCA 412
R v Henry and Ors [1999] NSWCCA 111
R v Murchie (1999) 108 A Crim R 482
R v Stanley [2003] NSWCCA 233
R v Lesi [2005] NSWCCA 63
R v Corbett (1991) 52 A Crim R 112
R v Pont (2000) 121 A Crim R 302

TEXTS CITED:

DECISION:
Fraud matters
In relation to count 1, the offender is sentenced to a fixed term of imprisonment of 3 years and 6 months commencing on 18 April 2007 and expiring on 17 October 2010.
In relation to counts 2, 5 and 6 the offender is sentenced to a fixed term of 3 years imprisonment commencing 18 April 2007 and to expire on 17 April 2010, which is to be served concurrently with the sentence imposed in relation to count 1.
In relation to counts 3, 4 and 7, the offender is sentenced to a fixed term of imprisonment of 2 years commencing on 18 April 2007 and expiring on 17 April 2009.
In relation to the robbery count, the offender is sentenced to a term of imprisonment of 3 years 9 months commencing on 18 April 2010 and expiring on 17 January 2014 with a non-parole period of 2 and ½ years imprisonment commencing on 18 April 2010 and expiring on 17 October 2012.
On the charges on the section 166 certificate I impose the following sentences to be served concurrently with this sentence:
Driving with menaces fixed term of 12 months imprisonment commencing on 18 April 2010 and expiring on 17 April 2011 with a period of disqualification of 5 years commencing on 18 April, 2007;
Negligent driving – a period of disqualification from driving of 1 year commencing on 18 April, 2007;
Drive while disqualified fixed term of 12 months imprisonment commencing on 18 April 2010 and expiring on 17 April 2011 with a period of disqualification from driving of 2 years commencing on 18 April, 2007.
The total effect of the sentence is therefore that the offender will be sentenced to a total non-parole period of 5 years and six months imprisonment to commence 18 April 2007 and to expire on 17 October 2012, with a…

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 Harry Ghamraoui

Details

AGLC: R v Harry Ghamraoui [2008] NSWDC 31
Case: [2008] NSWDC 31
Decision Date: 8 March 2008

CaseChat Overview and Summary

In the case of R v Harry Ghamraoui, the defendant stood accused of various criminal activities, including fraud, robbery, and driving offenses, and was brought before the court to face these charges. The case involved a series of incidents where the defendant allegedly used false documents to obtain financial advantage, committed robbery, and engaged in reckless driving behaviors while disqualified. Ghamraoui had a history of criminal activity and was on conditional liberty at the time of the offenses.

The court had to determine the appropriate penalties for each offense, considering the nature and severity of the crimes, the defendant's criminal history, and the presence of mitigating factors such as his addictions and plea of guilty. Issues included whether the offenses warranted concurrent or consecutive sentencing, the relevance of the defendant’s addictions in sentencing, and the impact of his prior criminal record on the severity of the sentence.

The court found Ghamraoui guilty on all counts and proceeded to impose sentences that reflected the seriousness of the offenses. For the fraud-related charges, the court sentenced Ghamraoui to a total of 8 years and 6 months imprisonment, with certain terms to run concurrently. For the robbery charge, he received an additional 3 years and 9 months, with a non-parole period of 2 years and 6 months. Additional sentences were imposed for driving offenses, which were to be served concurrently with the primary sentence. The total non-parole period was set at 5 years and 6 months, with a parole period of 1 year and 3 months.

Orders

Orders of the court

Fraud matters In relation to count 1, the offender is sentenced to a fixed term of imprisonment of 3 years and 6 months commencing on 18 April 2007 and expiring on 17 October 2010. In relation to counts 2, 5 and 6 the offender is sentenced to a fixed term of 3 years imprisonment commencing 18 April 2007 and to expire on 17 April 2010, which is to be served concurrently with the sentence imposed in relation to count 1. In relation to counts 3, 4 and 7, the offender is sentenced to a fixed term of imprisonment of 2 years commencing on 18 April 2007 and expiring on 17 April 2009. In relation to the robbery count, the offender is sentenced to a term of imprisonment of 3 years 9 months commencing on 18 April 2010 and expiring on 17 January 2014 with a non-parole period of 2 and * years imprisonment commencing on 18 April 2010 and expiring on 17 October 2012. On the charges on the section 166 certificate I impose the following sentences to be served concurrently with this sentence: Driving with menaces fixed term of 12 months imprisonment commencing on 18 April 2010 and expiring on 17 April 2011 with a period of disqualification of 5 years commencing on 18 April, 2007; Negligent driving - a period of disqualification from driving of 1 year commencing on 18 April, 2007; Drive while disqualified fixed term of 12 months imprisonment commencing on 18 April 2010 and expiring on 17 April 2011 with a period of disqualification from driving of 2 years commencing on 18 April, 2007. The total effect of the sentence is therefore that the offender will be sentenced to a total non-parole period of 5 years and six months imprisonment to commence 18 April 2007 and to expire on 17 October 2012, with a parole period of 1 year and 3 months to commence 18 October 2012 and to expire on 17 January 2014.

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.