R v Nasrallah

Case [2020] NSWDC 888


District Court


New South Wales

Medium Neutral Citation: R v Nasrallah [2020] NSWDC 888
Hearing dates: 16 December 2020
Decision date: 16 December 2020
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Robbery armed with offensive weapon: Sentenced to a term of imprisonment of 2 years 9 months. Non-parole period 1 year 4 months.

Destroy or damage property: Sentenced to a concurrent term of imprisonment of 3 months

Catchwords:

CRIME - Robbery armed with offensive weapon - Destroy or damage property

SENTENCING - Relevant factors on sentence – first offender - young offender - a one-off aberrant event - strong subjective case - applicability of guideline judgment – parity - first time custody - ICO not appropriate to the objective seriousness of the armed robbery offence - special circumstances

Legislation Cited:

Crimes Act1900 (NSW)

Criminal Procedure Act 1986

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Bugmy v R  (1990) 169 CLR 525; [1990] HCA 18

Clarke-Jeffries v R [2019] NSWCCA 56

IS v R [2017] NSWCCA 116

Kristensen v R [2018] NSWCCA 189

KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571

Lau v R [2010] NSWCCA 43

Legge v R [2007] NSWCCA 244

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

R v Drollett [2002 NSWCCA 13

R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346

R v Herring (1956) 73 WN (NSW) 203

R v Mastronardi (2000)111 A Crim R 206

R v Windle [2012] NSWCCA 222

Ruano v R [2011] NSWCCA 149

Rios v R [2012] NSWCCA 8

Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21

Wany v DPP [2020] NSWCA 318

Category:Sentence
Parties: Fatma Nasrallah (the offender)
Director of Public Prosecutions
Representation:

Counsel:
Mr B Barrack (for the offender)

Solicitors:
Dibb Lawyers (for the offender)
Ms J Azad (for Director of Public Prosecutions)
File Number(s): 2020/00065962

sentence – ex tempore revised

  1. At about 7.50pm on Friday, 28 February 2020, Mouhammad Mehdi, heavily disguised, ran into the Caltex service station in Windang Road, Windang.  He grabbed the console operator and forced him to the till.  As he did so, Fatma Nasrallah, also heavily disguised, entered the serving area, wielding a crowbar in an aggressive fashion, smashing it into shelves, banging it on the counter. 

  2. As Mehdi, holding a knife to the operator’s throat, took money from the till and cigarettes from the counter, Nasrallah, wielding the crowbar and smashing it against the door and an ice-cream cabinet, kept the door open.  The two then ran from the premises, taking money and cigarettes.  They then hopped into a black Toyota Corolla owned by Nasrallah and drove a relatively short distance to Springhill Road, Southern Wollongong.  Shortly after, they were arrested by police.

  3. Nasrallah was born in 1999.  Yes, she is young.  She has no relevant criminal history.  She and the co-offender were wielding weapons.  They disguised themselves and took those weapons to the premises.  There…

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Details
AGLC
R v Nasrallah [2020] NSWDC 888
Case
[2020] NSWDC 888
Decision Date

CaseChat Overview and Summary

Nasrallah was charged with robbing another person armed with an offensive weapon and also damaging property. The case was heard in a higher court. The dispute primarily revolved around the appropriate sentencing for the offences, taking into consideration Nasrallah's status as a first offender, his age, and the context of the crime as an isolated incident. The court also had to consider the guideline judgment, the principle of parity, the potential impact of first-time custody, and whether an intensive correction order would be suitable given the seriousness of the offences.

The legal issues before the court involved determining the relevance of Nasrallah's age and status as a first offender, the one-off nature of the crime, the strength of the prosecution's case, and the applicability of the guideline judgment to the present case. The court also needed to weigh the potential benefits of an intensive correction order against the need for a custodial sentence that reflects the objective seriousness of the armed robbery and property damage.

The court, after considering the evidence and arguments, determined that the guideline judgment provided a useful framework but was not determinative. It recognised Nasrallah's youth and the one-off nature of the crime but also emphasised the seriousness of the armed robbery, which involved the use of an offensive weapon. The court decided that a custodial sentence was necessary to reflect the gravity of the offence and to ensure public safety. It concluded that an intensive correction order would not be appropriate, given the objective seriousness of the crimes. Nasrallah was sentenced to a term of imprisonment for the armed robbery of two years and nine months, with a non-parole period of one year and four months. For the property damage, he received a concurrent sentence of three months.

In summary, the court imposed a custodial sentence that balanced the need for punishment and deterrence with the mitigating factors of Nasrallah's age and first-time offender status. The final orders were for Nasrallah to serve a term of imprisonment for the armed robbery and a concurrent term for the property damage.

Orders

Orders of the court

Robbery armed with offensive weapon: Sentenced to a term of imprisonment of 2 years 9 months. Non-parole period 1 year 4 months.

Destroy or damage property: Sentenced to a concurrent term of imprisonment of 3 months

Background

Background to the litigation

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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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