R v Issa [2024] NSWDC 555

An aggregate sentence of imprisonment exceeding two years is appropriate, ensuring adequate punishment, specific and general deterrence, and community protection, having regard in particular to the objective seriousness of two separate types of offending (break and enter with intimidation, and stalking), the circumstances of the offender, and his prospects of rehabilitation. A finding of special circumstances is warranted to adjust the non-parole period.

Parties: Crown: NSW DPP; Offender: Osman Issa
Jurisdiction: Australia
Judgment Date: 09 August 2024
Procedural Posture: Criminal / Sentence After Jury Verdict
Outcome: Convicted and sentenced to aggregate term of imprisonment of 2 years 9 months with a non-parole period of 1 year 8 months
Legal Topics: Break and Enter, Intimidation, Stalking, Sentencing

Criminal Law Break and Enter Intimidation Stalking Sentencing

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5

Parties

NSW DPP

Crown

Osman Issa

Offender

Procedural Posture

Criminal / Sentence After Jury Verdict

Legal Issues

1 Appropriate sentence for break and enter with intent to intimidate and stalking
2 Objective and subjective seriousness of offending
3 Application of sentencing principles including general and specific deterrence, protection of community, and rehabilitation

Ratio Decidendi

Court Disposition

Convicted and sentenced to aggregate term of imprisonment of 2 years 9 months with a non-parole period of 1 year 8 months

Orders

Aggregate head sentence of 2 years 9 months imprisonment (5/1/24 - 4/10/26)
Non-parole period of 1 year 8 months (5/1/24 - 4/9/25)