R v Yousif [2015] NSWDC 407

R v Yousif [2015] NSWDC 407

A custodial sentence was required because the offender, while intoxicated and while subject to a Community Service Order for an offence of actual bodily harm, participated in violence by punching Mr Makin and kicking Mr El-Haj while he was on the ground. However, because the offender pleaded guilty, had spent one year and four and a half months in pre-sentence custody, was not to be punished for Mr El-Haj's loss of sight, had prospects of rehabilitation, was working and intending to study, and the Crown did not oppose the outcome, it was not necessary to return him to gaol; a 20 month sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act was appropriate.

Jurisdiction
Australia
Judgment Date
17 September 2015
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Sentenced to imprisonment for 20 months, suspended under s 12 of the Crimes (Sentencing Procedure) Act on condition that the offender enter into a bond.
Legal Topics
['intoxication' 'violence' 'affray' 'community Service Order' 'pre Sentence Custody' 'suspended Sentence' 'general Deterrence' 'rehabilitation']
['criminal Law' 'sentencing'] ['intoxication' 'violence' 'affray' 'community Service Order' 'pre Sentence Custody' 'suspended Sentence' 'general Deterrence' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for an act of violence committed while intoxicated.' 'What weight should be given to the victim impact statement where the offender was not criminally responsible for the loss of sight injury described in it.' 'What discount should be allowed for a late guilty plea.' 'Whether the offender should be returned to gaol given substantial pre-sentence custody and prospects of rehabilitation.' 'Whether a suspended sentence under s 12 of the Crimes (Sentencing Procedure) Act was appropriate.']

Ratio Decidendi

A custodial sentence was required because the offender, while intoxicated and while subject to a Community Service Order for an offence of actual bodily harm, participated in violence by punching Mr Makin and kicking Mr El-Haj while he was on the ground. However, because the offender pleaded guilty, had spent one year and four and a half months in pre-sentence custody, was not to be punished for Mr El-Haj's loss of sight, had prospects of rehabilitation, was working and intending to study, and the Crown did not oppose the outcome, it was not necessary to return him to gaol; a 20 month sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act was appropriate.

Court Disposition

Sentenced to imprisonment for 20 months, suspended under s 12 of the Crimes (Sentencing Procedure) Act on condition that the offender enter into a bond.

Orders

  • ['The offender is sentenced to imprisonment for 20 months.' 'The sentence is suspended under s 12 of the Crimes (Sentencing Procedure) Act on condition that Mr Yousif enter into a bond.' 'The bond condition is that he is to be of good behaviour.' 'The bond condition is that he is to accept the supervision of the...