R v Rahme

[2017] NSWDC 145

District Court

New South Wales

Medium Neutral Citation:	R v RAHME [2017] NSWDC 145
Hearing dates:	03/02/2017
Date of orders:	10 February 2017
Decision date:	10 February 2017
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	CONVICTED - Sentenced to an overall term of imprisonment of 5 years 6 months with a non-parole period of 3 years and 6 months.
Catchwords:	Criminal – Sentence, possess identification information with intent to commit an indictable offence, possess false document to obtain financial advantage, dishonestly obtain financial advantage by deception, deal with property with intent to be proceeds of crime.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Births, Deaths and Marriages Registration Act 1995
Cases Cited:	Attorney General’s Application No 1 of 2002 (2002) 56NSWLR 147 R v Araya (2005) 155 A Crim R 555 R v XX (2009) 195 A Crim R 38 Thangavelau v The Queen [2016] NSWCCA 141 Veen (No 2) v The Queen (1988) 164 CLR 465 Yow v The Queen [2010] NSWCCA at 251
Category:	Sentence
Parties:	Regina Charbel Rahme - Offender
Representation:	Counsel: Director of Public Prosecutions Mr Howell - Offender   Solicitors: Director of Public Prosecutions
File Number(s):	2015/00057922; /00091758; /00201980; /00248426; /00287990; /00310843

sentence

1. HIS HONOUR: Just sit there, Mr Rahme. Your sentencing is complicated, the orders I make will probably take five or ten minutes to pronounce in due course and I have to make those orders at the end of the sentence. But in your case the total sentence I propose to impose upon you is five and a half year imprisonment to date from the date you came into custody, 24 February 2015. I propose to fix a non-parole period, in relation to that five and a half years imprisonment, of three and a half years imprisonment to date from the same date. Thus, on my calculation your non-parole period will expire on 23 August 2018, that is approximately 18 months and two weeks from today. You will be eligible for release to parole on that date, subject to your right of appeal and the Crown’s rights of appeal. Whether you are released or not on that date will be a matter for the Parole Authority. But the sentences I impose will be amongst themselves partially concurrent, partially cumulative with one another to give effect to that total sentence. I will not ask you to stand when I make the orders, but I will ask that what I have just said to you form part of my remarks on sentence.

2. The prisoner, Charbel Rahme, appears today for sentence in relation to eight offences for which he was committed for sentence to this Court from the Local Court. In respect of three of those offences there are either a matter on a Form 1, or matters on Forms 1, to be taken into account. I will detail which particular committal for sentence matters constitute the “principal” offence in respect of which the matters on the Forms are concerned.

3. There is in…