R v Jasim ALSEEDI [2008] NSWDC 284

R v Jasim ALSEEDI [2008] NSWDC 284

The offences were serious because the offender ignored the complainant's clear lack of interest, indecently touched her and physically forced her to perform fellatio. The sexual intercourse without consent offence was slightly below the middle of the range of objective seriousness because it was relatively brief and there was no ejaculation in the complainant's mouth, but it remained serious. The offender's minor prior record mitigated sentence, but his continuing denial meant the court could not find good prospects of rehabilitation. Family hardship in Iraq was not exceptional. Special circumstances existed because this was the offender's first real period in custody, he was...

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Criminal Sentence / Sentence After Jury Verdict of Guilty
Outcome
Sentenced to imprisonment with an effective overall sentence consisting of a non-parole period of five years and a head sentence of eight years.
Legal Topics
['sentence' 'indecent Assault' 'sexual Intercourse Without Consent' 'standard Non Parole Period' 'victim Impact Statement' 'special Circumstances']
['criminal Law'] ['sentence' 'indecent Assault' 'sexual Intercourse Without Consent' 'standard Non Parole Period' 'victim Impact Statement' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of indecent assault and one count of sexual intercourse without consent.' "Whether hardship to the offender's family in Iraq was exceptional." 'Whether the offender had good prospects of rehabilitation.' 'How to assess the objective seriousness of the sexual intercourse without consent offence.' 'Whether special circumstances justified an extended period of parole.']

Ratio Decidendi

The offences were serious because the offender ignored the complainant's clear lack of interest, indecently touched her and physically forced her to perform fellatio. The sexual intercourse without consent offence was slightly below the middle of the range of objective seriousness because it was relatively brief and there was no ejaculation in the complainant's mouth, but it remained serious. The offender's minor prior record mitigated sentence, but his continuing denial meant the court could not find good prospects of rehabilitation. Family hardship in Iraq was not exceptional. Special circumstances existed because this was the offender's first real period in custody, he was...

Court Disposition

Sentenced to imprisonment with an effective overall sentence consisting of a non-parole period of five years and a head sentence of eight years.

Orders

  • ['On counts 1 and 2, the offender is sentenced to imprisonment with a fixed term of three years to date from 11 August 2008.' 'On count 3, the offender is sentenced to imprisonment with a non-parole period of five years and a head sentence of eight years to date from 11 August 2008.' 'The offender will be eligible...