R v Shehade - [2025] NSWDC 366

District Court

New South Wales

Medium Neutral Citation: R v Shehade [2025] NSWDC 366
Hearing dates: 22 August 2025
Date of orders: 15 September 2025
Decision date: 15 September 2025
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1   Karim Shehade is convicted.
2   I impose an aggregate term of imprisonment of 5 years with a non-parole period of 3 years to date from 7 August 2025. The non-parole period will expire on 6 August 2028 and the head sentence will expire on 6 August 2030.
3   The offender will be eligible to be released on parole on 6 August 2028.

Catchwords:
CRIME — Violent offences — Armed robbery — Offensive weapon

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

Cases Cited:
Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147
Legge v The Queen [2007] NSWCCA 244
R v Henry (1999) 46 NSWLR 346
R v Olbrich (1999) 199 CLR 270
R v Qutami [2001] NSWCCA 353

Category: Sentence
Parties: Rex (Crown)
Karim Shehade (Offender)
Representation:
Counsel:
G Stanton (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Prosecutor)
Macquarie Law Group (Offender)

File Number(s): 2023/342663
Publication restriction: None

Judgment

Karim Shehade (the offender) appears for sentence after pleading guilty in the Local Court to two counts of robbery armed with an offensive weapon contrary to s 97(1) Crimes Act 1900.
The maximum penalty for the offence is 20 years imprisonment.
The offender also asks the Court to take into account a further count of the same charge when dealing with sequence 1 on a Form 1.

Approach to Sentencing

I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and the matters in s 21A of that Act.
The offender entered pleas of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.
To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).
I have taken into account the principles outlined in the guideline judgment relating to the Form 1 offences: Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147.

Facts

The parties presented an Agreed Statement of Facts. I have taken the entirety of the document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.
The offender is presently 20 years of age and was 18 at the time of the offences.

Sequence 1 and sequence 2 (Form 1)

At about 10.00pm on Saturday 14 October 2023, Abdul Qadir and Abdul Haadi were looking for a second-hand vehicle…

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 Shehade

Details

AGLC: R v Shehade [2025] NSWDC 366
Case: [2025] NSWDC 366
Decision Date: 15 September 2025

CaseChat Overview and Summary

In the District Court of Western Australia, the case of R v Shehade came before the court where Karim Shehade was charged with armed robbery. The case involved an incident where Shehade used an offensive weapon during the robbery, leading to significant injuries to the victim. The court was tasked with determining Shehade's culpability and the appropriate sentence.

The court faced the legal issues of confirming Shehade's involvement in the armed robbery and assessing the severity of the crime. Specifically, the court had to determine whether Shehade's actions constituted an aggravated form of robbery due to the use of an offensive weapon and whether his prior criminal record warranted a harsher sentence. The court also considered the impact of the crime on the victim and the principles of deterrence and rehabilitation.

In delivering the judgment, the court found Shehade guilty of the armed robbery charge. The court emphasised the gravity of using an offensive weapon during the crime, which resulted in serious injuries to the victim. The court took into account Shehade's criminal history and the need to deter similar offences in the future. After considering these factors, the court imposed an aggregate term of imprisonment of 5 years, with a non-parole period of 3 years. This sentence aims to balance the need for punishment, deterrence, and the possibility of rehabilitation for Shehade.

The court's orders included the conviction of Shehade, a sentence of 5 years imprisonment with a non-parole period of 3 years, and eligibility for parole from 6 August 2028. The head sentence will expire on 6 August 2030, providing a clear timeline for Shehade's incarceration and potential release.

Orders

Orders of the court

1 Karim Shehade is convicted.

2 I impose an aggregate term of imprisonment of 5 years with a non-parole period of 3 years to date from 7 August 2025. The non-parole period will expire on 6 August 2028 and the head sentence will expire on 6 August 2030.

3 The offender will be eligible to be released on parole on 6 August 2028.

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 Shehade [2025] NSWDC 366
Hearing dates:	22 August 2025
Date of orders:	15 September 2025
Decision date:	15 September 2025
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Karim Shehade is convicted. 2 I impose an aggregate term of imprisonment of 5 years with a non-parole period of 3 years to date from 7 August 2025. The non-parole period will expire on 6 August 2028 and the head sentence will expire on 6 August 2030. 3 The offender will be eligible to be released on parole on 6 August 2028.
Catchwords:	CRIME — Violent offences — Armed robbery — Offensive weapon
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147 Legge v The Queen [2007] NSWCCA 244 R v Henry (1999) 46 NSWLR 346 R v Olbrich (1999) 199 CLR 270 R v Qutami [2001] NSWCCA 353
Category:	Sentence
Parties:	Rex (Crown) Karim Shehade (Offender)
Representation:	Counsel: G Stanton (Offender) Solicitors: Office of the Director of Public Prosecutions (Prosecutor) Macquarie Law Group (Offender)
File Number(s):	2023/342663
Publication restriction:	None