R v Khosravi, Alborz [2008] NSWDC 298

R v Khosravi, Alborz [2008] NSWDC 298

The offender's malicious infliction of grievous bodily harm with intent was in the upper segment of the mid range of seriousness because, after participating in an affray, he attacked a vulnerable victim lying on the ground with a broken beer bottle and caused a forty-centimetre wound. The standard non-parole period did not apply because of the guilty plea and mitigating matters, but remained a benchmark. The offender's contrition, early guilty pleas, youth and rehabilitation prospects warranted a 25 per cent discount and a finding of special circumstances, while the breach of existing s 9 bonds and seriousness of the violence required substantial imprisonment with partial accumulation...

Jurisdiction
Australia
Judgment Date
10 December 2008
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
Convicted on all three offences and sentenced to imprisonment, with an overall sentence of seven years and four months and a minimum term of four years and four months.
Legal Topics
['maliciously Inflict Grievous Bodily Harm With Intent' 'affray' 'hinder Police Investigation' 'standard Non Parole Period' 'guilty Plea Discount' 'special Circumstances' 'youth and Rehabilitation']
['criminal Law' 'sentencing'] ['maliciously Inflict Grievous Bodily Harm With Intent' 'affray' 'hinder Police Investigation' 'standard Non Parole Period' 'guilty Plea Discount' 'special Circumstances' 'youth and Rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for maliciously inflicting grievous bodily harm with intent, affray, and requesting co-offenders to provide false information to police with intent to hinder an investigation.' 'Whether the maliciously inflict grievous bodily harm with intent offence fell within the mid range of objective seriousness for the purposes of the standard non-parole period.' "How the offender's pleas of guilty, contrition, youth, drug and alcohol use, prior good behaviour bonds and rehabilitation prospects should affect sentence." 'Whether special circumstances should be found to adjust the statutory ratio between non-parole period and balance of term.']

Ratio Decidendi

The offender's malicious infliction of grievous bodily harm with intent was in the upper segment of the mid range of seriousness because, after participating in an affray, he attacked a vulnerable victim lying on the ground with a broken beer bottle and caused a forty-centimetre wound. The standard non-parole period did not apply because of the guilty plea and mitigating matters, but remained a benchmark. The offender's contrition, early guilty pleas, youth and rehabilitation prospects warranted a 25 per cent discount and a finding of special circumstances, while the breach of existing s 9 bonds and seriousness of the violence required substantial imprisonment with partial accumulation...

Court Disposition

Convicted on all three offences and sentenced to imprisonment, with an overall sentence of seven years and four months and a minimum term of four years and four months.

Orders

  • ['For requesting Farhang Ameli, Joel Begini and KJ to provide false information to police with intent to hinder the investigation of a serious indictable offence, convicted and sentenced to a fixed term of imprisonment of 3 months commencing 14 November 2006 and expiring 13 February 2007.' 'For affray, convicted and...