R v HADDAD [2011] NSWDC 137

R v HADDAD [2011] NSWDC 137

The sentence imposed is substantially less than it would otherwise have been due to the offender's significant mental illness at the time, which greatly reduced his moral culpability for the offence of sexual intercourse with a child between the ages of 10 and 14.

Parties
Prosecution: The Crown; Offender: Wadi Farid Haddad
Jurisdiction
Australia
Judgment Date
14 June 2011
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced
Legal Topics
Sentence, Mental Illness at Time of Offending, Sexual Intercourse With a Child Between 10 and 14, Form 1
Criminal Law Sentence Mental Illness at Time of Offending Sexual Intercourse With a Child Between 10 and 14 Form 1

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Parties

The Crown

Prosecution

Wadi Farid Haddad

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse with a child between the ages of 10 and 14 considering the offender's mental illness at the time of offending
  2. 2 Impact of offender's mental illness on moral culpability and sentencing

Ratio Decidendi

The sentence imposed is substantially less than it would otherwise have been due to the offender's significant mental illness at the time, which greatly reduced his moral culpability for the offence of sexual intercourse with a child between the ages of 10 and 14.

Court Disposition

Convicted and sentenced

Orders

  • Sentenced to imprisonment from 23 October 2009 with a non-parole period of two years and three months (expiring 22 January 2012) and a head sentence of four years and six months.