R v Abdulhadi [2012] NSWSC 1658

R v Abdulhadi [2012] NSWSC 1658

Given the high objective gravity of the offence, the very significant need for general deterrence, and the guidance of current sentencing ranges, but accounting for the offender's medical and psychological issues as special circumstances, a sentence of 3 years and 7 months (after 10% reduction for late guilty plea), with a non-parole period of 2 years, is appropriate.

Parties
Crown: Regina; Offender: Rami Abdulhadi
Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to 3 years and 7 months imprisonment with a non-parole period of 2 years.
Legal Topics
Affray, Sentencing, General Deterrence, Guilty Plea Discount, Special Circumstances, Objective Gravity, Remorse, Criminal History
Criminal Law Affray Sentencing General Deterrence Guilty Plea Discount Special Circumstances Objective Gravity Remorse +1 more

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Parties

Regina

Crown

Rami Abdulhadi

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for count of affray contrary to s 93C Crimes Act 1900
  2. 2 Extent of discount for guilty plea entered at late stage
  3. 3 Relevance of general deterrence in sentencing for public violence

Ratio Decidendi

Given the high objective gravity of the offence, the very significant need for general deterrence, and the guidance of current sentencing ranges, but accounting for the offender's medical and psychological issues as special circumstances, a sentence of 3 years and 7 months (after 10% reduction for late guilty plea), with a non-parole period of 2 years, is appropriate.

Court Disposition

Sentenced to 3 years and 7 months imprisonment with a non-parole period of 2 years.

Orders

  • Offender sentenced to 3 years and 7 months commencing 25 October 2010, expiring 24 May 2014.
  • Non-parole period of 2 years expiring 24 October 2012.