Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:

1. Khalil Kobeissi, you appear for sentence today in relation to the principal offence of aggravated break and enter a dwelling house and commit serious indictable offence (the circumstance of aggravation being that you knew there were persons within the dwelling house and the serious indictable offence being robbery in company). This is sequence 4.

2. Sequence 4 involves a contravention of s112(2) of the Crimes Act 1900 (NSW). The maximum penalty for that offence is imprisonment for 20 years; and there is a standard non-parole period of imprisonment for 5 years.

3. In relation to sequence 4, you have asked me to take into account one matter on a Form 1 which I have certified - that matter being aggravated break and enter a dwelling house and commit serious indictable offence (the circumstance of aggravation being in company and the serious indictable offence being larceny). This is sequence 3.

4. Additionally, you have consented to me sentencing you for an offence which ordinarily would have been dealt with in the Local Court - i.e., drive conveyance taken without the consent of the owner. This is sequence 5.

5. Sequence 5 involves a contravention of s154A(1)(b) of the Crimes Act. The maximum penalty for sequence 5, if prosecuted in the Local Court, is imprisonment for 2 years.

6. In relation to sequence 4, you had two co-offenders: Adeelah Khan and Timothy Sineva. In relation to sequence 3, you had only one co-offender: Ms Khan.

7. Although Ms Khan has pleaded guilty to her involvement in sequence 4 and sequence 3, she has not yet been sentenced for that criminal misconduct. Ms Khan appeared before me for sentence for those offences on 16 December 2024, but her sentencing proceedings have been adjourned while she is on s11 bail.

8. Mr Sineva was sentenced in relation to his involvement in sequence 4 by Hanley SC DCJ on 22 October 2024.

9. Each of you, Ms Khan and Mr Sineva are to be sentenced, or have been sentenced, on the basis of agreed facts. As is not uncommonly the case, there are meaningful differences in the facts which the Crown and you and your co-offenders have agreed to. In the course of your sentencing proceedings, the Crown produced a document which helpfully identified the points of difference between you and your co-offenders. Those differences, insofar as Mr Sineva are concerned, are such that parity with the sentence he received from Hanley SC DCJ is not a meaningful consideration in fixing your sentence.

10. The agreed facts surrounding your offending can be summarised as follows.

11. Sequence 3 was committed on 3 March 2023. Sequence 4 was committed the next day, 4 March 2023. Sequence 5 was committed between 5 and 6 March 2023. At the time of these various offences, you were 38 years old; Ms Khan was 28 years old; and Mr Sineva was 31 years old.

12. As at 3 March 2023, Saw Keong Lee and his cousin, Kim-Seng Lee, lived in a two-bedroom home unit on Level 1 of 105 Castlereagh Street, Liverpool.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982b6c018eec3d0b597a765)

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