R v Konaraki

[2018] NSWDC 521

District Court

New South Wales

Medium Neutral Citation:

R v Konaraki [2018] NSWDC 521

Hearing dates:

9 November 2018

Date of orders:

11 December 2018

Decision date:

11 December 2018

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

ICO for 18 months, including 600 hours community service.

Catchwords:

CRIME SENTENCE

  Offender pleaded guilty (late) to taking and detaining a male victim whilst in company with four others. Of three offenders involved in the same offence, this offender was first to plead guilty. Offender also offered assistance to the authorities. Total discount allowed at 25%. Young female 20 at the time of offence, 23 years at sentence. Very minor role in offence. No prior conviction. Good work history. Very low risk of reoffending.

Legislation Cited:

Crimes Act 1900

Cases Cited:

Barlow v R [2008] NSWCCA 96

Category:

Sentence

Parties:

Jade Konaraki, the Crown

Representation:

Counsel:

 

R. A. Kimbell (Crown)

  P. Murphy (Offender)

File Number(s):

2016/00109168

Publication restriction:

Nil

SENTENCE

1. HIS HONOUR: Jade Konaraki stands for sentence as a consequence of having pleaded guilty to a charge that on 17 December 2015 at Newington in this State, while in the company of Aws Mohammed Hussein, Rosalene Keshishian, and two unknown males, did detain Jacob Aboeid without his consent with the intention of obtaining a financial advantage. That is an offence contrary to s 86(2)(a) of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. There is no standard non-parole period.

2. At the time of the offence the offender was aged 20 years. The victim, Jacob Aboeid, met Rosalene Keshishian in early 2015 and they began a short relationship. In July 2015 Keshishian and the victim were discussing money inside the victim’s vehicle at La Perouse. That vehicle was a Mercedes Benz motor car. Keshishian decided to obtain a loan on behalf of the victim as the victim did not have a clean credit rating. Approval was granted by the Commonwealth Bank for the loan to Keshishian. On 30 July 2015 the victim and Ms Keshishian attended various automatic teller machines withdrawing $20,000 in cash which was then given to the victim. The victim agreed to pay to Ms Keshishian $500 per month in order to repay the loan. Over the ensuing few months the victim paid part of the loan monies back to Keshishian.

3. On or about 3 December 2015 the victim received calls from Keshishian suggesting that they meet. They agreed to meet on 17 December 2015. However text messages on Keshishian’s phone indicate that she was upset with the victim for his not having paid her the loan repayments in full and indicating that the amount owed was sufficient to pay off the loan that she had on her own car. Keshishian therefore set up a meeting with the victim and planned with Mohammed Sadiq, who was known as Moh, to take the victim’s money and the victim’s car. On 17 December 2015 there was an exchange of text messages between Keshishian and Moh. Part of that exchange…