The Case
 
Samual Charchouh appeared before the NSW District Court following a high-speed police pursuit that ended in a serious collision at Leppington in Sydney's south-west.
The incident occurred on 13 November 2024, approximately one month after Charchouh had been released on parole for an aggravated break and enter offence.
The Court heard that, earlier that day, Charchouh stole a Mercedes coupe from a woman while she was dropping her children at school. When the woman attempted to stop him from leaving, she was struck by the vehicle.
Later that day, police located Charchouh driving a Renault Koleos and attempted to stop him.
 
The Police Pursuit
Charchouh failed to stop for police, resulting in a pursuit through several suburbs in Sydney's south-west.
According to the facts before the Court:

• Charchouh drove at excessive speeds

• he crossed double unbroken lines

• he travelled through red traffic lights

• other motorists were forced to take evasive action to avoid collisions

• police ultimately terminated the pursuit because of safety concerns

Although the ground pursuit was terminated, PolAir continued monitoring the vehicle from above while police vehicles followed at a distance.
The pursuit ultimately ended at Leppington when Charchouh drove through a red light and collided with a Ford Ranger.

The Reality of the Case
The collision was extremely serious.
The impact caused the Renault Koleos to split in half and Charchouh was ejected from the driver's seat.
He was taken to Royal North Shore Hospital, where he underwent emergency surgery for severe spinal injuries.
The NSW District Court heard that those injuries resulted in permanent paralysis from the waist down and that Charchouh will remain permanently reliant on a wheelchair.
The driver of the Ford Ranger was also taken to hospital and sustained minor injuries.

The Charges
Charchouh pleaded guilty to offences including:

• police pursuit

• driving furiously in a motor vehicle causing bodily harm

• aggravated assault inflicting bodily harm with intent to take a motor vehicle

The guilty pleas meant the proceedings ultimately concerned the appropriate sentence to be imposed by the Court.

Our Defence Strategy
Fadi Abbas of Abbas & Co Lawyers represented Samual Charchouh in the proceedings.
In sentencing matters involving serious driving and criminal offences, effective representation requires the Court to consider not only the seriousness of the offending, but also the individual circumstances relevant to sentencing.
Relevant considerations can include:

• the circumstances surrounding the offending

• the offender's guilty pleas

• time already spent in custody

• serious injuries or permanent disabilities

• rehabilitation prospects

• mental health and substance-use issues

• the appropriate balance between punishment, deterrence and rehabilitation

Every sentencing matter depends on its own facts and the material placed before the Court.

The Court's Findings
Judge Ross Hudson sentenced Charchouh to an overall term of four years and 11 months imprisonment.
A non-parole period of two years and four months was imposed.
Taking into account time already served in custody, Charchouh will become eligible for parole in March 2027.
The Court also imposed a three-year driving disqualification.
Judge Hudson recommended that Charchouh be supervised while on parole and receive treatment addressing mental health, drug and alcohol issues, anger management and impulsivity.

The Result
The final sentence imposed was:

• four years and 11 months imprisonment

• a non-parole period of two years and four months

• eligibility for parole in March 2027, taking into account time already served

• a three-year driving disqualification

• recommendations for supervision and treatment upon parole

The sentence reflects the Court's consideration of the offending and the circumstances presented during the sentencing proceedings.

Why This Case Matters
Serious police pursuit and dangerous driving matters can result in significant criminal penalties, particularly where other people are placed at risk or injured.
This case also demonstrates the range of factors that may become relevant during sentencing proceedings, including:

• the seriousness and circumstances of the offending

• whether an accused enters guilty pleas

• the consequences arising from the offending

• an offender's personal circumstances

• rehabilitation and treatment needs

• time already spent in custody

Sentencing is an individualised process. The Court must determine the appropriate sentence by considering the applicable law and the particular circumstances of each case.

Our Expertise
At Abbas & Co Lawyers, we act in serious criminal and traffic matters including:

• police pursuit offences

• dangerous and reckless driving offences

• aggravated offences

• serious traffic matters

• bail applications

• sentencing proceedings

• defended criminal proceedings

We understand how to:

• analyse the prosecution case and evidence

• identify matters relevant to sentencing

• prepare comprehensive sentencing submissions

• protect our clients' rights throughout criminal proceedings

• advocate for our clients in complex and serious matters
   

Speak to Us
If you have been charged with a serious criminal or traffic offence, obtaining legal advice at an early stage can be important in understanding the allegations, your rights and the options available to you.
The circumstances of every criminal matter are different, and the strategy adopted should reflect the evidence, the charges and the individual circumstances of the client.
Contact Abbas & Co Lawyers to discuss your matter and obtain advice about your legal options.