A mother of three who lured a 28-year-old man to the secluded western Sydney car park where he was fatally assaulted has avoided full-time imprisonment despite her "crucial role" in the attack.
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Loubna Kawtharani, now 28, pleaded guilty earlier this year to being an accessory before the fact of assault occasioning actual bodily harm.
Kawtharani admitted to posing as a buyer on Facebook marketplace in early 2020 for Apple earphones that Ross Houllis was seeking to sell.
The pair arranged to meet at a Wakeley car park on the evening of February 14, 2020 to complete the purchase. However, police allege Mr Houllis was instead encountered at the car park by Sami Hamdach, Kawtharani's partner, and Abdul Karaali.
The pair are accused of demanding money and severely beating Mr Houllis, leaving him with catastrophic injuries to the brain and lungs which ultimately caused his death.
They purportedly took this action because Mr Houllis previously sold Hamdach a pair of fake Apple AirPods for $150.
Hamdach and Karaali remain before the courts.
Defence lawyer David Carroll told Kawtharani's sentencing hearing at Campbelltown Local Court on Monday that his client was not present when the fatal assault occurred and was not legally responsible for Mr Houllis' death.
But she acknowledged her moral culpability and apologised to his family.
"She certainly does accept the heavy burden of being responsible morally for what followed," Mr Carroll said.
"She carries the deep regret and shame and sorrow every day of her life."
Mr Carroll also outlined Kawtharani's extensive community work and sole caregiving role for her three children with Hamdach, who is currently behind bars.
He said there was a difference in Kawtharani's case "between the criminality and gravity of consequences" wrought by the fatal assault.
But magistrate George Breton said Kawtharani knew her partner well enough to understand his alleged confrontation with Mr Houllis may turn violent.
He said Mr Houllis' violent death - over a dispute based on $150 earphones - was tragic, and Kawtharani had ample time to change course between her initial contact with Mr Houllis and his fatal assault.
He said she "started the events that led to his death".
Additionally, she told Hamdach in a text message before the alleged attack to conceal his number plates, indicating she understood criminal activity may occur.
"You agree you foresaw the possibility of that kind of injury," Mr Breton said.
"Ultimately your role was absolutely crucial ... it simply would not have happened without you."
Mr Breton handed Kawtharani a two-year Intensive Corrections Order and said she was obliged to continue her treatment for depression and anxiety.
Australian Associated Press
