R v Faour [2023] NSWDC 284

R v Faour [2023] NSWDC 284

The offence fell just below the mid-range of objective seriousness because the offender disguised himself, armed himself with an imitation firearm, stalked the victim and his friend, physically took hold of the victim, pointed the imitation firearm and made threats, although there was limited actual violence and no serious physical risk from the imitation firearm. The offender's trauma, PTSD and substance use disorders reduced his moral culpability and the need for general deterrence and denunciation, but his criminal history, limited rehabilitation prospects, lack of accepted genuine remorse and the seriousness of the public violent offence meant the s 5 threshold was crossed and only...

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea Entered on the Second Day of Trial by Jury
Outcome
Offender convicted and sentenced to imprisonment for 3 years and 6 months with a non-parole period of 2 years.
Legal Topics
['assault With Intent to Rob Armed With a Dangerous Weapon' 'late Guilty Plea Discount' 'objective Seriousness' 'mental Health and Moral Culpability' 'bugmy Principles' 'general and Specific Deterrence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['assault With Intent to Rob Armed With a Dangerous Weapon' 'late Guilty Plea Discount' 'objective Seriousness' 'mental Health and Moral Culpability' 'bugmy Principles' 'general and Specific Deterrence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea Entered on the Second Day of Trial by Jury

Legal Issues

  1. 1 ['What sentence should be imposed for assault with intent to rob armed with a dangerous weapon contrary to s 97(2) of the Crimes Act 1900 (NSW).' 'What objective seriousness should be attributed to the offence, including the use of an imitation firearm, disguise, stalking, threats and limited physical violence.' "What effect the offender's trauma, PTSD, stimulant use disorder and cannabis use disorder had on moral culpability, deterrence, denunciation and rehabilitation." 'Whether full-time imprisonment was required and whether special circumstances justified a reduced non-parole period.']

Ratio Decidendi

The offence fell just below the mid-range of objective seriousness because the offender disguised himself, armed himself with an imitation firearm, stalked the victim and his friend, physically took hold of the victim, pointed the imitation firearm and made threats, although there was limited actual violence and no serious physical risk from the imitation firearm. The offender's trauma, PTSD and substance use disorders reduced his moral culpability and the need for general deterrence and denunciation, but his criminal history, limited rehabilitation prospects, lack of accepted genuine remorse and the seriousness of the public violent offence meant the s 5 threshold was crossed and only...

Court Disposition

Offender convicted and sentenced to imprisonment for 3 years and 6 months with a non-parole period of 2 years.

Orders

  • ['In respect of the offence to which the offender has pleaded guilty, the offender is convicted.' 'I impose a sentence of imprisonment of 3 years, 6 months to commence on 5 June 2023 and expire on 4 December 2026.' 'I impose a non-parole period of 2 years to expire on 4 June 2025.' 'The earliest date the offender is...