R v Moh’d [2024] NSWDC 522
The aggregate sentence of five years, two months imprisonment with a non-parole period of three years, six months reflects the seriousness of four offences involving three victims under the offender's authority as a nurse, taking into account the objective seriousness, lack of prior record, mental health factors, the principle of totality, and special circumstances.
- Parties
- Crown: NSW Director of Public Prosecutions; Offender: Ali Moh'd
- Jurisdiction
- Australia
- Judgment Date
- 27 September 2024
- Procedural Posture
- Criminal / Sentence
- Outcome
- Convicted and sentenced to imprisonment
- Legal Topics
- Sentencing, Sexual Offences, Aggregate Sentence, Objective Seriousness, Breach of Authority
Case Brief
Summary, issues, holding and outcome
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Parties
NSW Director of Public Prosecutions
Crown
Ali Moh'd
Offender
Procedural Posture
Criminal / Sentence
Legal Issues
- 1 Assessment of objective seriousness of sexual offences under authority
- 2 Application of Crimes (Sentencing Procedure) Act 1999
- 3 Appropriate sentence for aggravated sexual touching and aggravated sexual assault
Ratio Decidendi
The aggregate sentence of five years, two months imprisonment with a non-parole period of three years, six months reflects the seriousness of four offences involving three victims under the offender's authority as a nurse, taking into account the objective seriousness, lack of prior record, mental health factors, the principle of totality, and special circumstances.
Court Disposition
Convicted and sentenced to imprisonment
Orders
- Aggregate sentence: 5 years 2 months imprisonment (5/8/24-4/10/29)
- Non-parole period: 3 years 6 months (5/8/24-4/2/28)
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