R v Khouchaba [2019] NSWDC 338

R v Khouchaba [2019] NSWDC 338

Although the offence was serious and the imprisonment threshold under s 5 Crimes (Sentencing Procedure) Act 1999 had been crossed, the offender's objective culpability was well below the midrange and less than that of relevant co-offenders; she had no relevant prior offending, was of otherwise good character, was remorseful, had a low risk of reoffending and excellent prospects of rehabilitation. After a 20% discount for the plea and considering parity, community safety and the purposes of sentencing, a term of 1 year and 10 months imprisonment could appropriately be served by way of an intensive corrections order with community service rather than full-time custody.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 1 year and 10 months to be served by way of an intensive corrections order.
Legal Topics
['reckless Wounding in Company' 'intensive Correction Orders' 'plea of Guilty Discount' 'standard Non Parole Period' 'self Induced Intoxication' 'parity With Co Offenders' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['reckless Wounding in Company' 'intensive Correction Orders' 'plea of Guilty Discount' 'standard Non Parole Period' 'self Induced Intoxication' 'parity With Co Offenders' 'victim Impact Statement']

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's plea of guilty to an offence contrary to s 35(3) Crimes Act 1900." 'What discount should be allowed for the utility of the plea of guilty.' 'Whether the objective seriousness and subjective circumstances warranted full-time custody or an intensive corrections order in the community.' 'How the standard non-parole period and purposes of sentencing should be taken into account.' 'What weight should be given to mitigating factors including lack of relevant prior offending, good character, remorse, low risk of reoffending, rehabilitation prospects, delay and parity with co-offenders.']

Ratio Decidendi

Although the offence was serious and the imprisonment threshold under s 5 Crimes (Sentencing Procedure) Act 1999 had been crossed, the offender's objective culpability was well below the midrange and less than that of relevant co-offenders; she had no relevant prior offending, was of otherwise good character, was remorseful, had a low risk of reoffending and excellent prospects of rehabilitation. After a 20% discount for the plea and considering parity, community safety and the purposes of sentencing, a term of 1 year and 10 months imprisonment could appropriately be served by way of an intensive corrections order with community service rather than full-time custody.

Court Disposition

Offender convicted and sentenced to imprisonment for 1 year and 10 months to be served by way of an intensive corrections order.

Orders

  • ['Dina Khouchaba is convicted of the offence.' 'The offender is sentenced to a term of imprisonment of 1 year and 10 months.' 'The sentence is to be served by way of an intensive corrections order in the community commencing on 21 June 2019.' 'The standard conditions of the intensive corrections order are that the...