R v Haddad [2023] NSWDC 393

R v Haddad [2023] NSWDC 393

The reckless wounding and aggravated robbery with wounding offences were both within the mid-range of objective seriousness and involved knife violence, home settings, prior violent offending and offending while on conditional liberty. However, the Offender's early guilty plea, youth, profound deprived background, mental illness, drug addiction linked to that background, remorse, family support and reasonable rehabilitation prospects materially reduced moral culpability and justified a sentence that was not crushing. Applying totality and proportionality, and taking the Form 1 offence into account, the Court imposed an aggregate head sentence of 4 years and 6 months, backdated to 17...

Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the Local Court
Outcome
The Offender was convicted and sentenced to an aggregate term of imprisonment of 4 years and 6 months, with a non-parole period of 3 years commencing on 17 August 2022 and parole eligibility on 16 August 2025; he was referred to the Drug Court under s 18B of the Drug Court Act 2000.
Legal Topics
['reckless Wounding' 'aggravated Robbery With Wounding/grievous Bodily Harm' 'dishonestly Obtain Property by Deception on Form 1' 'early Plea of Guilty' 'young Offender' 'prior Convictions' 'conditional Liberty' 'bugmy Principle' 'drug Addiction' 'mental Health' 'compulsory Drug Treatment Order Referral']
['criminal Law' 'sentencing'] ['reckless Wounding' 'aggravated Robbery With Wounding/grievous Bodily Harm' 'dishonestly Obtain Property by Deception on Form 1' 'early Plea of Guilty' 'young Offender' 'prior Convictions' 'conditional Liberty' 'bugmy Principle' 'drug Addiction' 'mental Health' 'compulsory Drug Treatment Order Referral']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for reckless wounding and aggravated robbery with wounding/grievous bodily harm, taking into account a Form 1 offence.' 'The objective seriousness of the reckless wounding and aggravated robbery offences.' "The effect of the Offender's early guilty plea, youth, deprived background, mental illness, drug addiction, prior convictions and offending while on conditional liberty." 'Whether the sentence should be backdated and whether special circumstances justified an extended parole period.' 'Whether the Offender should be referred to the Drug Court for consideration of a compulsory drug treatment order.']

Ratio Decidendi

The reckless wounding and aggravated robbery with wounding offences were both within the mid-range of objective seriousness and involved knife violence, home settings, prior violent offending and offending while on conditional liberty. However, the Offender's early guilty plea, youth, profound deprived background, mental illness, drug addiction linked to that background, remorse, family support and reasonable rehabilitation prospects materially reduced moral culpability and justified a sentence that was not crushing. Applying totality and proportionality, and taking the Form 1 offence into account, the Court imposed an aggregate head sentence of 4 years and 6 months, backdated to 17...

Court Disposition

The Offender was convicted and sentenced to an aggregate term of imprisonment of 4 years and 6 months, with a non-parole period of 3 years commencing on 17 August 2022 and parole eligibility on 16 August 2025; he was referred to the Drug Court under s 18B of the Drug Court Act 2000.

Orders

  • ['The Offender is sentenced to an aggregate term of imprisonment of 4 years and 6 months.' 'The sentence is taken to commence on 17 August 2022.' 'The first date the Offender is eligible for parole is 16 August 2025.' 'Pursuant to s 18B of the Drug Court Act 2000 the Offender is referred to the Drug Court to...