R v Habib [2014] NSWDC 324

R v Habib [2014] NSWDC 324

The Court held that the offender, having been found guilty of attempting to wound with intent to cause grievous bodily harm, must be sentenced seriously given the gravity of such conduct, irrespective of the lack of resulting grievous bodily harm. Consideration was given to extra curial punishment (loss of the offender's eye), but hardship to third parties was held not to be exceptional. The offender's otherwise good character, prospects for rehabilitation, and lack of remorse were weighed, but a sentence of full-time imprisonment was required for deterrence and denunciation.

Parties
Prosecutor: The Crown; Offender: Ramez Najim Habib
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Offender sentenced to imprisonment for 3 years with a non-parole period of 18 months.
Legal Topics
Sentence, Attempt to Wound With Intent to Cause Grievous Bodily Harm, Extra Curial Punishment
Criminal Law Sentence Attempt to Wound With Intent to Cause Grievous Bodily Harm Extra Curial Punishment

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Parties

The Crown

Prosecutor

Ramez Najim Habib

Offender

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Appropriate sentence for attempt to wound with intent to cause grievous bodily harm
  2. 2 Whether extra curial punishment (loss of eye) should be taken into account
  3. 3 Whether hardship to third parties is exceptional

Ratio Decidendi

The Court held that the offender, having been found guilty of attempting to wound with intent to cause grievous bodily harm, must be sentenced seriously given the gravity of such conduct, irrespective of the lack of resulting grievous bodily harm. Consideration was given to extra curial punishment (loss of the offender's eye), but hardship to third parties was held not to be exceptional. The offender's otherwise good character, prospects for rehabilitation, and lack of remorse were weighed, but a sentence of full-time imprisonment was required for deterrence and denunciation.

Court Disposition

Offender sentenced to imprisonment for 3 years with a non-parole period of 18 months.

Orders

  • Offender sentenced to imprisonment for 3 years commencing 20 November 2014.
  • Non-parole period set at 18 months, expiring 19 May 2016. On that day, offender to be released to parole.