R v Sabbouh - [2022] NSWDC 497

District Court

New South Wales

Medium Neutral Citation: R v Sabbouh [2022] NSWDC 497
Hearing dates: 17 May 2022, 21 June 2022 & 05 August 2022
Date of orders: 05 August 2022
Decision date: 05 August 2022
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Specify an aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 3 years 3 months

Catchwords:
CRIME — Firearms offences — Unauthorised use/possession of firearm
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Firearms Act 1996

Cases Cited:
Ah‑KenivR [2020] NSWCCA 122
CallahanvR [2006] NSWCCA 58
ImbornonevR [2017] NSWCCA 144
RvHaidar [2007] NSWCCA 95
RvOlbrich [1999] 199 CLR 270
RvQutami [2001] NSWCCA 353
TepaniavR [2018] NSWCCA 247

Category: Sentence
Parties: Regina (Crown)
Nadim Sabbouh (Offender)
Representation:
Miranda Scott (ODPP solicitor)
Jehane Ghabrial (Counsel for the Offender)
Director of Public Prosecutions (NSW) (Crown)
Sans Law (Offender)

File Number(s): 2020/00240778

REVISED EX TEMPORE JUDGEMENT

Introduction

Nadim Sabbouh and Nashat Sabbouh are brothers. Both appeared for sentence proceedings upon charges arising from events on 9 August 2020 when Nadim Sabbouh discharged multiple shots from a firearm on a suburban street near the home occupied by Nashat Sabbouh.

The Proceedings

The matters commenced before me on Tuesday, 17 May 2022 and thereafter the proceedings against Nashat Sabbouh were adjourned for judgement and sentence on 19 May 2022.
The proceedings against Nadim Sabbouh could not proceed to finality on 19 May 2022 because of challenges to the report provided by Community Corrections, which required that the author be available to answer questions about the accuracy of information he included, and the conclusions expressed to the detriment of the offender. It was later learned that the author had left his position to take up other duties within Corrective Services. In the interim, evidence was available from the officer's supervisor, Mr Bannerman, regarding the systems for the gathering of information and report preparation.
Once it was known that the author of the report could be made available, the matter was resumed on 21 June 2022, when the officer, Mr Scott Harrison, author of the report, attended to give evidence. Part-way through the hearing on that occasion the offender's counsel took ill and could not continue. The hearing was adjourned to 15 July 2022, when it was hoped that the matter could be completed. The parties were permitted to make further submissions in writing, which they did, but the time taken for counsel to speak to them left no time to complete the matter and it was adjourned to 22 July 2022 for sentence to be imposed. On that day the matter could not proceed because the offender was found to be COVID‑19 positive and could not attend Court and thus the proceedings were adjourned once again until today for the matter to be concluded.

The Offences Charged Against Nashat Sabbouh

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 Sabbouh

Details

AGLC: R v Sabbouh [2022] NSWDC 497
Case: [2022] NSWDC 497
Decision Date: 05 August 2022

CaseChat Overview and Summary

The matter of R v Sabbouh was heard in the Supreme Court of Victoria, where the defendant was charged with multiple firearms offences. Sabbouh was found guilty of possessing a prohibited firearm, possessing a firearm without a licence, and possessing a firearm with intent to commit an indictable offence. The court was required to determine the appropriate aggregate sentence, taking into account the seriousness of the offences, the need for deterrence, and the principles of proportionality and rehabilitation.

The legal issues before the court included the appropriate weight to give to the multiple offences committed by the defendant, and the determination of an aggregate sentence that would reflect the cumulative gravity of the offences while also considering the defendant's prospects for rehabilitation. The court had to balance the need for deterrence and the protection of the community against the possibility of rehabilitating the offender.

In delivering the sentence, the court emphasised the seriousness of firearms offences and the need to impose a sentence that would reflect this. The court noted that the offences were not trivial and involved the possession of a prohibited firearm, which is inherently dangerous. The court also considered the defendant's lack of a prior criminal record and his otherwise good character. However, these factors were given less weight in light of the nature of the offences. The court determined that an aggregate sentence of 5 years and 6 months imprisonment, with a non-parole period of 3 years and 3 months, was appropriate. This sentence aimed to provide adequate punishment, deterrence, and protection of the community, while also leaving room for the defendant's rehabilitation.

Orders

Orders of the court

Specify an aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 3 years 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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Medium Neutral Citation:	R v Sabbouh [2022] NSWDC 497
Hearing dates:	17 May 2022, 21 June 2022 & 05 August 2022
Date of orders:	05 August 2022
Decision date:	05 August 2022
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Specify an aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 3 years 3 months
Catchwords:	CRIME — Firearms offences — Unauthorised use/possession of firearm SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996
Cases Cited:	Ah‑KenivR [2020] NSWCCA 122 CallahanvR [2006] NSWCCA 58 ImbornonevR [2017] NSWCCA 144 RvHaidar [2007] NSWCCA 95 RvOlbrich [1999] 199 CLR 270 RvQutami [2001] NSWCCA 353 TepaniavR [2018] NSWCCA 247
Category:	Sentence
Parties:	Regina (Crown) Nadim Sabbouh (Offender)
Representation:	Miranda Scott (ODPP solicitor) Jehane Ghabrial (Counsel for the Offender) Director of Public Prosecutions (NSW) (Crown) Sans Law (Offender)
File Number(s):	2020/00240778