R v Alsharify [2019] NSWDC 795

R v Alsharify [2019] NSWDC 795

The offence was in the lower range of seriousness but not at the lowest level. The sword was a dangerous weapon and its use aggravated the offending; the offence was also committed while the Offender was subject to a section 9 bond for a violent offence. However, the wound was relatively less serious, no long-term consequences were suggested, the circumstances were unusual because the Victim was not entitled to be at the premises, and the Offender's chronic post-traumatic stress disorder impaired his judgment and reduced his moral culpability. Imprisonment was required, an intensive correction order was not open given the sentence imposed, and special circumstances justified an extended...

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdict of Guilty on Alternative Charge of Reckless Wounding
Outcome
Offender convicted and sentenced to imprisonment with a non-parole term and additional parole term.
Legal Topics
['reckless Wounding' 'use of Weapon' 'objective Seriousness' 'post Traumatic Stress Disorder and Moral Culpability' 'prospects of Rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['reckless Wounding' 'use of Weapon' 'objective Seriousness' 'post Traumatic Stress Disorder and Moral Culpability' 'prospects of Rehabilitation' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Jury Verdict of Guilty on Alternative Charge of Reckless Wounding

Legal Issues

  1. 1 ["What facts should be found for sentence consistently with the jury's verdict" 'Whether the use of a sword was an aggravating factor and where the offence fell on the scale of objective seriousness' 'Whether the offence was committed in circumstances of provocation' "Whether the Offender's Iraqi background and chronic post-traumatic stress disorder reduced his moral culpability" 'Whether a sentence other than imprisonment, including an intensive correction order, was available or appropriate' 'Whether special circumstances justified an extended period on parole']

Ratio Decidendi

The offence was in the lower range of seriousness but not at the lowest level. The sword was a dangerous weapon and its use aggravated the offending; the offence was also committed while the Offender was subject to a section 9 bond for a violent offence. However, the wound was relatively less serious, no long-term consequences were suggested, the circumstances were unusual because the Victim was not entitled to be at the premises, and the Offender's chronic post-traumatic stress disorder impaired his judgment and reduced his moral culpability. Imprisonment was required, an intensive correction order was not open given the sentence imposed, and special circumstances justified an extended...

Court Disposition

Offender convicted and sentenced to imprisonment with a non-parole term and additional parole term.

Orders

  • ['The Offender is convicted.' 'The Offender is sentenced to a non-parole term of 1 year and two months imprisonment, to date from 1 June 2019 and to expire on 31 July 2020.' 'The Offender is thereafter to be released to parole to serve an additional term of 1 year and two months from 1 August 2020 to 30 September...