R v Kamoun [2023] NSWDC 110

R v Kamoun [2023] NSWDC 110

The severity appeal was dismissed because the offending was a serious instance of child sexual offending, the related Form 1 offence significantly elevated the penalty, the purposes of sentencing including general and specific deterrence, community protection, denunciation, retribution and recognition of harm to the victim required a condign sentence, and the offender's mitigating circumstances, hardship in custody, rehabilitation needs and modest late guilty plea discount did not make the two-year term imposed by the Local Court excessive or require adjustment on totality grounds.

Jurisdiction
Australia
Judgment Date
24 April 2023
Procedural Posture
Criminal Severity Appeal From Local Court Sentence / District Court Appeal Against Sentence Imposed by Bankstown Local Court on 22 December 2022
Outcome
Severity appeal dismissed; sentence imposed by the Bankstown Local Court on 22 December 2022 confirmed.
Legal Topics
['severity Appeal' 'child Sexual Offences' 'inciting a Child Aged Between 10 and 16 Years to Sexually Touch a Person' 'form 1 Offence' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'hardship in Custody' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'criminal Appeals'] ['severity Appeal' 'child Sexual Offences' 'inciting a Child Aged Between 10 and 16 Years to Sexually Touch a Person' 'form 1 Offence' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'hardship in Custody' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Severity Appeal From Local Court Sentence / District Court Appeal Against Sentence Imposed by Bankstown Local Court on 22 December 2022

Legal Issues

  1. 1 ['Whether the sentence of two years imprisonment imposed by the Bankstown Local Court for an offence contrary to s 66DB(b) of the Crimes Act 1900 (NSW) should be disturbed on severity appeal.' "Whether the Local Court sentence was excessive having regard to the offence being dealt with summarily, the offender's subjective circumstances, hardship in custody, rehabilitation prospects, the late guilty plea, and the Form 1 offence." 'Whether totality required adjustment having regard to unrelated sentences imposed in another District Court sentencing proceeding.']

Ratio Decidendi

The severity appeal was dismissed because the offending was a serious instance of child sexual offending, the related Form 1 offence significantly elevated the penalty, the purposes of sentencing including general and specific deterrence, community protection, denunciation, retribution and recognition of harm to the victim required a condign sentence, and the offender's mitigating circumstances, hardship in custody, rehabilitation needs and modest late guilty plea discount did not make the two-year term imposed by the Local Court excessive or require adjustment on totality grounds.

Court Disposition

Severity appeal dismissed; sentence imposed by the Bankstown Local Court on 22 December 2022 confirmed.

Orders

  • ['The severity appeal is dismissed.' 'The sentence imposed by the Bankstown Local Court on 22 December 2022 is confirmed.']