R v Masri

[2025] NSWDC 59

District Court

New South Wales

Medium Neutral Citation:

R v Masri [2025] NSWDC 59

Hearing dates:

14 February 2025

Date of orders:

14 March 2025

Decision date:

14 March 2025

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Custodial sentence. For orders see [70]

Catchwords:

Break and enter and commit serious indictable offence; arson;

Legislation Cited:

Crimes Act 1900

Evidence Act 1995

Cases Cited:

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

R v McMahon; R v Robb [2017] NSWDC 476

Category:

Sentence

Parties:

Omar Masri (the offender)
Director of Public Prosecutions (the Crown)

Representation:

Counsel:
Mr B Murray (the offender)
Mr D Noll (the Crown)

Solicitors:
Mr L Abu-Ali (the offender)
Mr S Rose (the Crown)

File Number(s):

2020/199050

Publication restriction:

Nil.

REMARKS ON SENTENCE

1. On 15 July 2024 the offender pleaded not guilty to one Count on an Indictment as follows:-

1. On the 26^th day of June 2019 at Padstow in the State of New South Wales, did break and enter the building of Chang Huang at 6 Gwandalan Road, Padstow and did commit a serious indictable offence therein, namely, intentionally destroy property by means of fire.

2. On 23 July 2024 the jury returned a verdict of guilty. This is an offence pursuant to s112(1)(a) of the Crimes Act 1900 and carries a maximum sentence of 14 years imprisonment. There is no standard non-parole period prescribed.

3. The only issue in the trial was the identity of the person who committed the offence. The Crown relied on a circumstantial case, and the following are facts to be derived from the jury verdict for which they must have been satisfied beyond reasonable doubt that the only reasonable conclusion to be drawn from the evidence was that it was the offender who committed the offence.

4. Exhibit A at the trial comprised the following agreed facts pursuant to s191 of the Evidence Act 1995:-

1. The business Kim’s Kindy was a long day Child Care centre operating at 6 Gwandalan Road, Padstow. [It was owned by John Huang and Sally Chen who worked as carers at the premises].

2. The main building of Kim’s Kindy was a converted three-bedroom residential building constructed with timber framing and cladding, the front of which generally faced south to the street.

3. At the rear of the property were two other buildings; a detached garage and another brick building.

4. On the night of 26 June 2019, whilst the centre was closed and unoccupied, a person entered the premises by forcing open a locked gate on the eastern side of the building which gave them access to the backyard of the premises.

5. The person then forced open a closed, aluminium sliding door at the back to gain access to the main building.

6. The person then spread petrol in three areas of the main building and set the petrol alight.

7. The building was severely damaged by the fire, including the tiled roof collapsing into the building.

8. CCTV footage from a camera across the road showed…