R v Elhamoud [2019] NSWDC 429

R v Elhamoud [2019] NSWDC 429

The offender intentionally went to the victim's home in an angry state intending to assault her, broke in knowing persons were present, assaulted her causing actual bodily harm, and did so while subject to bail and an apprehended domestic violence order. Although he had no prior convictions, a positive work history, low risk of reoffending and reasonable prospects of rehabilitation, the objective seriousness was about midrange and the need for specific and general deterrence in domestic violence offending meant imprisonment was the only appropriate penalty and an intensive correction order would be inadequate.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal Sentence / Sentence Proceedings After Jury Verdict of Guilty
Outcome
Sentenced to aggregate imprisonment of two years three months with a non-parole period of 21 months; backup charge of assault occasioning actual bodily harm dismissed.
Legal Topics
['breaking and Entering a Dwelling House and Committing a Serious Indictable Offence in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'contravening an Apprehended Domestic Violence Order' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing' 'domestic and Personal Violence'] ['breaking and Entering a Dwelling House and Committing a Serious Indictable Offence in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'contravening an Apprehended Domestic Violence Order' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Proceedings After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the s 112(2) Crimes Act 1900 offence of breaking and entering a dwelling house and committing a serious indictable offence in circumstances of aggravation.' 'What sentence should be imposed for the offence on the s 166 certificate of contravening an apprehended domestic violence order under s 14(1) of the Crimes (Domestic and Personal Violence) Act.' "Whether aggravating factors were established, including that the offender was on conditional liberty, that the offence occurred in the victim's home, and that the offence was planned." 'Whether mitigating factors, including no prior convictions, prosocial work history, low risk of reoffending and prospects of rehabilitation, affected the sentence.' 'Whether a sentence other than full-time custody, including an intensive correction order, was appropriate.']

Ratio Decidendi

The offender intentionally went to the victim's home in an angry state intending to assault her, broke in knowing persons were present, assaulted her causing actual bodily harm, and did so while subject to bail and an apprehended domestic violence order. Although he had no prior convictions, a positive work history, low risk of reoffending and reasonable prospects of rehabilitation, the objective seriousness was about midrange and the need for specific and general deterrence in domestic violence offending meant imprisonment was the only appropriate penalty and an intensive correction order would be inadequate.

Court Disposition

Sentenced to aggregate imprisonment of two years three months with a non-parole period of 21 months; backup charge of assault occasioning actual bodily harm dismissed.

Orders

  • ['An aggregate sentence of two years three months and a non-parole period of 21 months is imposed.' 'The sentence is to date from 9 January 2019.' 'The earliest date on which the offender will be eligible for parole is 8 October 2020.' 'The balance of term will expire on 8 April 2021.' 'The backup charge of assault...