R v Baradaaji [2020] NSWDC 685

R v Baradaaji [2020] NSWDC 685

Full-time custody was required because the offence was an unprovoked, cowardly and violent group attack on an unconscious and outnumbered victim at his workplace, causing serious jaw fractures and prolonged medical consequences. The offence was assessed as mid-range objective seriousness and was aggravated by the victim's vulnerability. Although parity with Abdullah Cheikho's Local Court sentence was important, material differences in the offender's subjective circumstances, later plea, criminal history, lack of genuine remorse, and guarded rehabilitation prospects justified a higher sentence, with only a limited special circumstances adjustment for supervision on parole.

Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Criminal Sentence for Recklessly Causing Grievous Bodily Harm in Company / Sentence After Plea of Guilty Entered on 12 June 2020 at a Pretrial Mention
Outcome
Convicted and sentenced to imprisonment for 3 years 6 months with a non-parole period of 2 years 4 months; special circumstances found.
Legal Topics
['recklessly Cause Grievous Bodily Harm in Company' 'objective Seriousness' 'aggravating Factors' 'remorse' 'rehabilitation Prospects' 'parity With Co Offender' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['recklessly Cause Grievous Bodily Harm in Company' 'objective Seriousness' 'aggravating Factors' 'remorse' 'rehabilitation Prospects' 'parity With Co Offender' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Recklessly Causing Grievous Bodily Harm in Company / Sentence After Plea of Guilty Entered on 12 June 2020 at a Pretrial Mention

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly causing grievous bodily harm in company.' "Assessment of the objective seriousness of the offence and the offender's moral culpability." "Whether the victim's vulnerability as a service station attendant aggravated the offending." 'Whether the offender had shown genuine remorse.' "How parity principles applied given co-offender Abdullah Cheikho's Local Court sentence." 'Whether special circumstances justified adjustment of the statutory ratio between head sentence and non-parole period.']

Ratio Decidendi

Full-time custody was required because the offence was an unprovoked, cowardly and violent group attack on an unconscious and outnumbered victim at his workplace, causing serious jaw fractures and prolonged medical consequences. The offence was assessed as mid-range objective seriousness and was aggravated by the victim's vulnerability. Although parity with Abdullah Cheikho's Local Court sentence was important, material differences in the offender's subjective circumstances, later plea, criminal history, lack of genuine remorse, and guarded rehabilitation prospects justified a higher sentence, with only a limited special circumstances adjustment for supervision on parole.

Court Disposition

Convicted and sentenced to imprisonment for 3 years 6 months with a non-parole period of 2 years 4 months; special circumstances found.

Orders

  • ['The offender is sentenced to imprisonment for three years six months.' 'A non-parole period of two years four months is set.' 'Each term is to date from 4 February 2019.' 'The head sentence will expire on 3 August 2022.' 'The offender will be eligible for release on parole on 3 June 2021.']