R v Joseph SAHYOUN [2008] NSWDC 351

R v Joseph SAHYOUN [2008] NSWDC 351

An immediate sentence of imprisonment is appropriate for sexual intercourse with a child aged 13 by an adult aged 20, but the sentence may be suspended due to genuine remorse, lack of prior record, early guilty plea, good character, strong family support, and low risk of recidivism, resulting in a two-year sentence wholly suspended on condition of entering into a good behaviour bond.

Parties
Prosecution: Regina; Offender: Joseph Sahyoun
Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to two years imprisonment wholly suspended on the condition of entering into a good behaviour bond for two years. Forfeiture of the offender's car ordered, effective not before 23 December 2008.
Legal Topics
Sexual Intercourse With Child, Sentence, Victim Impact Statement, Remorse
Criminal Law Sexual Intercourse With Child Sentence Victim Impact Statement Remorse

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Parties

Regina

Prosecution

Joseph Sahyoun

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for sexual intercourse with child between 10 and 16 years
  2. 2 Whether a suspended sentence is appropriate
  3. 3 Relevance of remorse, guilty plea, and character in sentencing

Ratio Decidendi

An immediate sentence of imprisonment is appropriate for sexual intercourse with a child aged 13 by an adult aged 20, but the sentence may be suspended due to genuine remorse, lack of prior record, early guilty plea, good character, strong family support, and low risk of recidivism, resulting in a two-year sentence wholly suspended on condition of entering into a good behaviour bond.

Court Disposition

Offender sentenced to two years imprisonment wholly suspended on the condition of entering into a good behaviour bond for two years. Forfeiture of the offender's car ordered, effective not before 23 December 2008.

Orders

  • Joseph Sahyoun sentenced to two years imprisonment, sentence wholly suspended on condition of entering into a good behaviour bond for two years.
  • Conditions of the good behaviour bond: remain of good behaviour, notify Registrar of any change of address, attend court if required, accept supervision and comply with recommendations regarding sex offender intervention, report to Probation and Parole Service by 12 January 2009.