R v Shivneil Reddy

[2017] NSWDC 75

District Court

New South Wales

Medium Neutral Citation:	R v Shivneil Reddy [2017] NSWDC 75
Hearing dates:	23 March 2017
Decision date:	07 April 2017
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For orders see [52]
Catchwords:	Knowingly facilitate organised car re-birthing activity
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Hello v R [2010] NSWCCA 311 Ibbs v R (1987) 163 CLR 447 R v Hamieh [2010] NSWCCA 189 R v Tannous [2012] NSWCCA 243
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Shivneil Reddy (Offender)
Representation:	Counsel: S Makin (Crown Prosecutor) B Eurell (Offender)   Solicitors:
File Number(s):	16/54512
Publication restriction:	Nil

REMARKS ON SENTENCE

1. The offender is charged with one offence pursuant to s 154G of the Crimes Act 1900, that he did knowingly facilitate organised car re-birthing activity. The offence occurred between 28 January 2016 and 19 February 2016. The maximum penalty for the offence is 14 years imprisonment. There is a Standard Non-Parole Period of 4 years.

2. The offender has been in custody since his arrest on 20 February 2016. Also charged in relation to the same course of criminal conduct were three co‑offenders, Ali Nabulsi, Shadi Salameh and Zacharigh Eid. Nabulsi had been sentenced previously by Judge Bennett of this court on 2 March 2017. He was sentenced to a non-parole period of 1 year and 9 months, and a total sentence of 3 years and 6 months imprisonment. Salameh and Eid were subject to the same sentence hearing on 23 March 2017.

The sentence hearing

3. The Crown sentence summary became Ex A on the sentence hearing. It included the agreed facts which may be fairly summarised as follows.

4. On 28 January 2016, the offender was identified with his three co‑offenders at premises at Bramhall Avenue, Punchbowl, where stolen vehicles were being stored and dismantled. A covert surveillance device was established on 5 February 2016 to monitor the activities at those premises. At that time, there were two vehicles identified in the yard of the premises, both being Toyota Aurions. The offender and his co-offender Eid, were thereafter observed to dismantle those vehicles by removing the engines, together with drive train components. The body of the vehicle would then be damaged by means of a forklift before being stored. The co-offender Nabulsi, was identified to deliver stolen vehicles to the premises and to direct the activities of the offender and his co-offender Eid. The co-offender, Salameh, was identified delivering both vehicles and food to the premises for the offender and Eid. Salameh was identified as receiving parts removed from the vehicles when dismantled.

5. On 11 February 2016, surveillance revealed that three Toyota forklift vehicles, stolen on 7 February 2016, were identified as being in the yard of the premises. On the same day, one of four vehicles that were stolen in the eastern suburbs of Sydney on 9 February 2016, was observed to be dismantled by the offender and Eid. Throughout that day, the offender and…