R v Kassouh [2024] NSWDC 441

R v Kassouh [2024] NSWDC 441

The sentence must synthesize the objective seriousness of persistent domestic violence offending—including the breach of ADVOs and the presence of children—with consideration of the offender's acquired brain injury, its effect on his culpability, need for deterrence, denunciation, and protection of the community; an aggregate sentence is required, but must be mitigated for special circumstances arising from his brain injury and personal vulnerabilities, facilitating the administration of justice, and prospects for rehabilitation, leading to an aggregate term of 4 years 6 months with a non-parole period of 2 years 8 months.

Parties
Offender: Ahmad Kassouh; Crown: Public Prosecutions (NSW) (Crown)
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence imposed. Acquitted of robbery (Sequence 14). Aggregate sentence of 4 years 6 months imprisonment with non-parole period of 2 years 8 months imposed, commencing 25 August 2023. Eligible for parole on 24 April 2026; sentence expires 24 February 2028.
Legal Topics
Domestic Violence, Stalking or Intimidation, Break, Enter and Commit Serious Indictable Offence, Assault Occasioning Actual Bodily Harm, Detain for Advantage, Choking Without Consent, Use Offensive Weapon to Commit Indictable Offence, Common Assault, Breach of Apprehended Domestic Violence Orders, Sentencing, Aggregated Sentence, Objective Seriousness, Special Circumstances
Criminal Law Domestic Violence Stalking or Intimidation Break, Enter and Commit Serious Indictable Offence Assault Occasioning Actual Bodily Harm Detain for Advantage Choking Without Consent Use Offensive Weapon to Commit Indictable Offence +6 more

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Parties

Ahmad Kassouh

Offender

Public Prosecutions (NSW) (Crown)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for domestic violence offences including choking, intimidation, assault occasioning actual bodily harm, detain for advantage, breach of ADVOs, and related charges
  2. 2 How offender's acquired brain injury and personal circumstances impact sentencing in context of domestic violence
  3. 3 Determination of aggregate sentence and special circumstances for non-parole period

Ratio Decidendi

The sentence must synthesize the objective seriousness of persistent domestic violence offending—including the breach of ADVOs and the presence of children—with consideration of the offender's acquired brain injury, its effect on his culpability, need for deterrence, denunciation, and protection of the community; an aggregate sentence is required, but must be mitigated for special circumstances arising from his brain injury and personal vulnerabilities, facilitating the administration of justice, and prospects for rehabilitation, leading to an aggregate term of 4 years 6 months with a non-parole period of 2 years 8 months.

Court Disposition

Aggregate sentence imposed. Acquitted of robbery (Sequence 14). Aggregate sentence of 4 years 6 months imprisonment with non-parole period of 2 years 8 months imposed, commencing 25 August 2023. Eligible for parole on 24 April 2026; sentence expires 24 February 2028.

Orders

  • Not guilty - Sequence 14 - Robbery
  • Sequence 12 back up offences withdrawn and dismissed