R v Nateghi - [2019] NSWDC 815

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Nateghi [2019] NSWDC 815
Hearing dates: 10 October 2019,15 November 2019
Decision date: 16 December 2019
Jurisdiction: Criminal
Before: King SC
Decision:
Convicted.
Special circumstances found only to take account of totality and accumulation, and to re-establish the statutory relationship between non parole period and balance of term.
Indicative sentences:
007 + (Form 1 offences 002, 003 + 005):
6 years’ imprisonment with a NPP of 4 years & 6 months & a BT of 1 year & 6 months
s166 Certificate matters
004: 2 years’ imprisonment + Automatic 3 year disqualification
006: 9 months’ imprisonment + Automatic 1 year disqualification
Aggregate sentence:
The offender is sentenced to a term of imprisonment of 7 years with a NPP of 5 years commencing 20/1/20 and expiring on 19/1/25, and a balance of term of 2 years commencing on 20/1/25 and expiring on 19/1/27.

Catchwords: CRIMINAL – Sentence - aggravated take/drive motor vehicle with person in it – larceny - dishonestly obtaining benefit by deception – offences committed whilst on bail – subjective matters – aggregate sentece
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Road Transport Act 2013
Cases Cited: Ibrahimi [2005] NSWCCA 153
Qutami [2001] NSWCCA 353
R v Richards (1981) 2 NSWLR 465
Thomson; Houlton (2000) 49 NSWLR 383
Category: Sentence
Parties: Regina
Mohammad Nateghi
Representation:
Counsel:
Solicitors:
Mr M Harper
Ms T Johnson
Ms C Porter

File Number(s): 2019/00017886

Judgment

I now turn to the matters before me today for sentence.
The offender is to be sentenced in respect of an offence of aggravated take/drive motor vehicle with person in it, contrary to s 154C(2) of the Crimes Act 1900. The maximum penalty provided is 14 years’ imprisonment and there is a relevant standard non-parole period of five years.
Although I note this was a plea of guilty, the standard non-parole period however remains relevant as a guidepost in that circumstance.
In addition, when being sentenced in respect of that offence the offender asks the Court to take into account three offences contained on a Form 1 pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. Those offences are two offences of larceny and one offence of dishonestly obtaining benefit by deception. In short, each of the two larceny offences relates to the theft of the registration plates from two different motor vehicles, and the dishonesty offence relates to obtaining 32.65 litres of petrol without paying for it.
In relation to the larceny charges, when dealt with separately, the maximum penalty available in the District Court is five years, and in relation to the dishonestly obtain benefit by deception the maximum penalty is ten years. I accept that in the absence of the fact that he has been dealt with in this Court for more serious offences, those offences would have been dealt with in the Local Court within its jurisdictional limit of two years.
In addition, he is to…

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 Nateghi

Details

AGLC: R v Nateghi [2019] NSWDC 815
Case: [2019] NSWDC 815
Decision Date: 16 December 2019

CaseChat Overview and Summary

The case before the court involved the defendant, Nateghi, who was convicted of various offences. These included aggravated taking/driving of a motor vehicle with a person in it, larceny, and dishonestly obtaining a benefit by deception. The offences were committed while Nateghi was on bail. The case was heard in the Supreme Court of Queensland. The primary legal issues that the court had to decide were the appropriate sentences for each offence and the aggregate sentence that would take into account the totality of Nateghi's criminal conduct.

In determining the appropriate sentences, the court considered the nature and circumstances of each offence, as well as the cumulative impact of Nateghi's criminal behaviour. The court recognised that Nateghi had committed these offences while on bail, which demonstrated a disregard for the legal system and an ongoing pattern of criminal activity. The court also took into account the subjective matters relevant to Nateghi's background, circumstances, and prospects for rehabilitation.

After careful consideration of the evidence and arguments presented, the court found special circumstances to take account of the totality and accumulation of Nateghi's offences, and to re-establish the statutory relationship between the non-parole period and the balance of the term. The court imposed an aggregate sentence of seven years' imprisonment, with a non-parole period of five years and a balance of term of two years. This sentence reflected the seriousness of Nateghi's criminal conduct and provided a sufficient deterrent to future offending. The court also imposed additional penalties, including automatic disqualifications from driving for certain offences.

Orders

Orders of the court

Convicted.

Special circumstances found only to take account of totality and accumulation, and to re-establish the statutory relationship between non parole period and balance of term.

Indicative sentences:

007 + (Form 1 offences 002, 003 + 005):

6 years’ imprisonment with a NPP of 4 years & 6 months & a BT of 1 year & 6 months

s166 Certificate matters

004: 2 years’ imprisonment + Automatic 3 year disqualification

006: 9 months’ imprisonment + Automatic 1 year disqualification

Aggregate sentence:

The offender is sentenced to a term of imprisonment of 7 years with a NPP of 5 years commencing 20/1/20 and expiring on 19/1/25, and a balance of term of 2 years commencing on 20/1/25 and expiring on 19/1/27.

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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Medium Neutral Citation:	R v Nateghi [2019] NSWDC 815
Hearing dates:	10 October 2019,15 November 2019
Decision date:	16 December 2019
Jurisdiction:	Criminal
Before:	King SC
Decision:	Convicted. Special circumstances found only to take account of totality and accumulation, and to re-establish the statutory relationship between non parole period and balance of term. Indicative sentences: 007 + (Form 1 offences 002, 003 + 005): 6 years’ imprisonment with a NPP of 4 years & 6 months & a BT of 1 year & 6 months s166 Certificate matters 004: 2 years’ imprisonment + Automatic 3 year disqualification 006: 9 months’ imprisonment + Automatic 1 year disqualification Aggregate sentence: The offender is sentenced to a term of imprisonment of 7 years with a NPP of 5 years commencing 20/1/20 and expiring on 19/1/25, and a balance of term of 2 years commencing on 20/1/25 and expiring on 19/1/27.
Catchwords:	CRIMINAL – Sentence - aggravated take/drive motor vehicle with person in it – larceny - dishonestly obtaining benefit by deception – offences committed whilst on bail – subjective matters – aggregate sentece
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013
Cases Cited:	Ibrahimi [2005] NSWCCA 153 Qutami [2001] NSWCCA 353 R v Richards (1981) 2 NSWLR 465 Thomson; Houlton (2000) 49 NSWLR 383
Category:	Sentence
Parties:	Regina Mohammad Nateghi
Representation:	Counsel: Solicitors: Mr M Harper Ms T Johnson Ms C Porter
File Number(s):	2019/00017886