R v Hakim [2023] NSWDC 605

R v Hakim [2023] NSWDC 605

The offence had significant objective gravity because the offender forced entry into an occupied home with a sledgehammer, made substantial threats of violence in a domestic context, damaged property and injured Ms Reilly; the Form 1 offences required a higher sentence. Imprisonment was the only appropriate sentence, but the offender's deprived upbringing, childhood sexual abuse, Complex Posttraumatic Stress Disorder, substance use disorder, remorse, rehabilitation efforts and special circumstances justified a reduced term and an extended parole period.

Jurisdiction
Australia
Judgment Date
20 October 2023
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty in the Local Court to Aggravated Break and Enter and Commit Serious Indictable Offence, With Form 1 Offences Taken Into Account
Outcome
Jason Hakim was convicted and sentenced to imprisonment for 3 years with a non-parole period of 18 months, commencing 30 September 2022; he was eligible for release on parole on 29 March 2024.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'destroying or Damaging Property' 'stalking or Intimidation' 'form 1 Offences' 'guilty Plea Discount' 'objective Seriousness' 'mental Condition and Moral Culpability' 'general Deterrence' 'specific Deterrence' 'special Circumstances']
['criminal Law' 'sentencing' 'property Offences' 'domestic Violence'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'destroying or Damaging Property' 'stalking or Intimidation' 'form 1 Offences' 'guilty Plea Discount' 'objective Seriousness' 'mental Condition and Moral Culpability' 'general Deterrence' 'specific Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty in the Local Court to Aggravated Break and Enter and Commit Serious Indictable Offence, With Form 1 Offences Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit serious indictable offence contrary to s 112(2), Crimes Act 1900.' 'How the Form 1 offences of destroying or damaging property and stalking or intimidation should affect sentence.' "Whether the offender's childhood trauma, Complex Posttraumatic Stress Disorder and substance use disorder reduced moral culpability and affected deterrence." 'Whether imprisonment was the only appropriate sentence and whether special circumstances should be found.']

Ratio Decidendi

The offence had significant objective gravity because the offender forced entry into an occupied home with a sledgehammer, made substantial threats of violence in a domestic context, damaged property and injured Ms Reilly; the Form 1 offences required a higher sentence. Imprisonment was the only appropriate sentence, but the offender's deprived upbringing, childhood sexual abuse, Complex Posttraumatic Stress Disorder, substance use disorder, remorse, rehabilitation efforts and special circumstances justified a reduced term and an extended parole period.

Court Disposition

Jason Hakim was convicted and sentenced to imprisonment for 3 years with a non-parole period of 18 months, commencing 30 September 2022; he was eligible for release on parole on 29 March 2024.

Orders

  • ['Jason Hakim is convicted.' 'Taking into account the matters on the Form 1 and the discount for the plea of guilty, a term of imprisonment of 3 years with a non-parole period of 18 months is imposed to date from 30 September 2022.' 'The non-parole period will expire on 29 March 2024 and the head sentence will...