R v Suleiman [2018] NSWDC 542

R v Suleiman [2018] NSWDC 542

Given the nature of the offending, the period already spent in custody, and the prospects for rehabilitation, a sentence of imprisonment was not warranted; instead, a Community Correction Order of 3 years for each offence was the appropriate sentencing option, together with a 2-year Apprehended Domestic Violence Order to protect the victim.

Parties
Crown: Regina; Offender: Saadat Masoud Suleiman
Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Criminal / Sentence
Outcome
Community Correction Order imposed for 3 years for each offence; Apprehended Domestic Violence Order made for 2 years.
Legal Topics
Domestic Violence, Stalking, Intimidation, Sentencing, Apprehended Domestic Violence Order
Criminal Law Domestic Violence Stalking Intimidation Sentencing Apprehended Domestic Violence Order

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Parties

Regina

Crown

Saadat Masoud Suleiman

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for offences of stalking and intimidation under the Crimes (Domestic and Personal Violence) Act 2007?
  2. 2 Is a Community Correction Order or a sentence of imprisonment required in the circumstances of this case?
  3. 3 Should an Apprehended Domestic Violence Order be imposed?

Ratio Decidendi

Given the nature of the offending, the period already spent in custody, and the prospects for rehabilitation, a sentence of imprisonment was not warranted; instead, a Community Correction Order of 3 years for each offence was the appropriate sentencing option, together with a 2-year Apprehended Domestic Violence Order to protect the victim.

Court Disposition

Community Correction Order imposed for 3 years for each offence; Apprehended Domestic Violence Order made for 2 years.

Orders

  • Offender convicted on two counts: stalking and intimidation under the Crimes (Domestic and Personal Violence) Act 2007.
  • Community Correction Order imposed for a period of 3 years for each of the two offences, with standard conditions including supervision by Community Corrections officer and requirement to report within three days.