R v Zraika

[2020] NSWDC 357

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Zraika [2020] NSWDC 357

Hearing dates:

Trial dates: 11, 12, 13, 17, 18, 19, 20 February 2020
Sentence hearing: 29 May 2020

Date of orders:

3 July 2020

Decision date:

03 July 2020

Jurisdiction:

Criminal

Before:

Hatzistergos DCJ

Decision:

See [77]

Catchwords:

CRIMINAL LAW – Aggravated break and enter and commit serious indictable offence namely assault occasioning actual bodily harm in company – Joint Criminal Enterprise – Offender was not the principal offender – Guilty verdict by jury

SENTENCING – Plea of not guilty – Need for fact finding on sentence to accord with the case advanced at trial and accepted by the jury – Towards bottom of lower range of objective seriousness –Of prior good character –Reasonable prospects of rehabilitation despite absence of remorse and low likelihood of reoffending – Principles of parity – Where co-offenders pled guilty – Where co-offenders on conditional liberty at time of offending – Where  Offender’s other subjective circumstances more favourable than co-offenders– Imposition of ICO

Legislation Cited:

Crimes Act 1900 (NSW), ss 112(2), 105A

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7, 21A, 69

Cases Cited:

Alseedi v R [2009] NSWCCA 185

Green v The Queen [2011] HCA 49; (2011) 244 CLR 462

Maxwell v R [2007] NSWCCA 304; (2007) 177 A Crim R 498

R v Huynh [2005] NSWCCA 220

R v Webb [2004] NSWCCA 330; (2004) 149 A Crim R 167

Sahyoun v R (No 2) [2020] NSWCCA 95

Category:

Sentence

Parties:

Regina (Crown)
Sajah Zraika (the Offender)

Representation:

Counsel:
Mr R. McCrudden (the Offender)

Solicitors:
Director of Public Prosecutions (Crown)
Peter Ayoub & Co (the Offender)

File Number(s):

2017/347531

Publication restriction:

N/A

Judgment

1. Sajah Zraika pleaded not guilty to one offence that she did, on 10 November 2017 at Miller in the State of New South Wales, break and enter the dwelling house of Oumaya Eid at Miller Road, and did commit a serious indictable offence therein, namely assault occasioning actual bodily harm, in circumstances of aggravation, namely, she was in the company of Janene Tevelein and Zena Al-Hazzouri. This is an offence contrary to s 112(2) of the Crimes Act 1900 (NSW)1 and carries a maximum penalty of 20 years imprisonment, with a standard non-parole period of 5 years imprisonment.

2. On 20 February 2020, after a trial of some 7 days, the jury entered a verdict of guilty.

3. Following a delay brought about by logistical arrangements affecting Sydney District Court and my own availability, I heard sentencing submissions on 29 May 2020.

Facts

Crown submissions

4. The Crown proposed that the following facts should be found on sentence.

5. At the time of the offence, the Victim resided at an address at Miller Road, Miller. Prior to the offence, the Victim and the Offender were close friends. The co-offender, Zena Al-Hazzouri, was also friends with Victim and prior to 10 November 2017 had been staying with the Victim at her house.

6. Prior to attending the Victim’s…