R v Zraika [2020] NSWDC 357

R v Zraika [2020] NSWDC 357

The offender, while not the principal, broke the door and was party to a joint criminal enterprise to commit assault occasioning actual bodily harm in company; the jury verdict and evidence established her guilt. Given her lesser involvement, favourable personal circumstances, low risk of reoffending, and time served, a custodial sentence by way of Intensive Correction Order rather than full imprisonment was appropriate, with parity considerations addressed regarding sentences imposed on co-offenders.

Parties
Crown: Regina; Offender: Sajah Zraika
Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Criminal / Sentence After Jury Verdict
Outcome
Convicted and sentenced to 1 year 10 months and 24 days imprisonment to be served by way of Intensive Correction Order in the community.
Legal Topics
Aggravated Break and Enter, Assault Occasioning Actual Bodily Harm, Joint Criminal Enterprise, Sentencing, Parity Principle, Intensive Correction Order
Criminal Law Aggravated Break and Enter Assault Occasioning Actual Bodily Harm Joint Criminal Enterprise Sentencing Parity Principle Intensive Correction Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Crown

Sajah Zraika

Offender

Procedural Posture

Criminal / Sentence After Jury Verdict

Legal Issues

  1. 1 Whether the offender was a party to a joint criminal enterprise to commit aggravated break and enter and assault occasioning actual bodily harm
  2. 2 Appropriate sentence considering objective seriousness, subjective circumstances and parity with co-offenders

Ratio Decidendi

The offender, while not the principal, broke the door and was party to a joint criminal enterprise to commit assault occasioning actual bodily harm in company; the jury verdict and evidence established her guilt. Given her lesser involvement, favourable personal circumstances, low risk of reoffending, and time served, a custodial sentence by way of Intensive Correction Order rather than full imprisonment was appropriate, with parity considerations addressed regarding sentences imposed on co-offenders.

Court Disposition

Convicted and sentenced to 1 year 10 months and 24 days imprisonment to be served by way of Intensive Correction Order in the community.

Orders

  • Convicted.
  • Sentenced to 1 year 10 months and 24 days imprisonment from 3 July 2020 to 27 May 2022.