R v Abousleiman [2016] NSWDC 80

R v Abousleiman [2016] NSWDC 80

A custodial sentence is required given the objective gravity of the offending, but due to mitigating factors including the offender's rehabilitation prospects, plea of guilty, and time already served, the Court found that a sentence of less than two years was appropriate and referred the offender for assessment for suitability for an intensive corrections order.

Parties
Prosecutor: The Crown; Offender: Joe Abousleiman
Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Criminal / Sentencing
Outcome
Offender referred for assessment as to suitability to serve sentence by way of Intensive Corrections Order; bail continued to 27 May 2016.
Legal Topics
Sentencing, Domestic Violence, Assault Occasioning Actual Bodily Harm
Criminal Law Sentencing Domestic Violence Assault Occasioning Actual Bodily Harm

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Parties

The Crown

Prosecutor

Joe Abousleiman

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offender's conduct?
  2. 2 Whether an intensive corrections order is an appropriate form of custodial sentence.

Ratio Decidendi

A custodial sentence is required given the objective gravity of the offending, but due to mitigating factors including the offender's rehabilitation prospects, plea of guilty, and time already served, the Court found that a sentence of less than two years was appropriate and referred the offender for assessment for suitability for an intensive corrections order.

Court Disposition

Offender referred for assessment as to suitability to serve sentence by way of Intensive Corrections Order; bail continued to 27 May 2016.

Orders

  • The offender is referred for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order.
  • Bail is continued until 27 May 2016.