R v Hassenein NADERI [2022] NSWDC 534

R v Hassenein NADERI [2022] NSWDC 534

Full-time imprisonment was required for the serious, repeated and varied offending against six victims, including three children, with significant needs for punishment, denunciation, community protection and general deterrence. However, the sentence was moderated by the full guilty plea discount, meaningful remorse, prior good character to a limited extent, onerous custody including COVID-19 conditions, special circumstances, the offender's traumatic deprivation and family violence background, mental health disorders and low intellectual functioning, which reduced moral culpability and tempered general deterrence. Form 1 matters were taken into account consistently with the guideline...

Jurisdiction
Australia
Judgment Date
07 November 2022
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was convicted. For sequences 29 and 55 he was released on Community Correction Orders for 2 years. For all remaining sequences he was sentenced to an aggregate term of imprisonment of 8 years 6 months with a non-parole period of 4 years 8 months.
Legal Topics
['sexual Offences Against Children' 'intimate Images' 'child Abuse Material' 'intimidation' 'form 1 Offences' 'bugmy Factors' 'mental Health and Intellectual Functioning' 'aggregate Sentence' 'community Correction Orders']
['criminal Law' 'sentencing'] ['sexual Offences Against Children' 'intimate Images' 'child Abuse Material' 'intimidation' 'form 1 Offences' 'bugmy Factors' 'mental Health and Intellectual Functioning' 'aggregate Sentence' 'community Correction Orders']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for multiple sexual assault, child abuse material, intimate image, intimidation and procuring offences involving six victims.' 'How Form 1 offences should be taken into account without quantifying a separate increase in the principal sentences.' "Whether the offender's deprived and traumatic background enlivened Bugmy factors and reduced moral culpability." "Whether the offender's mental health conditions and low intellectual functioning were causally connected to the offending and affected objective seriousness, moral culpability and general deterrence." 'Whether the offender was remorseful and what weight should be given to prior good character, prospects of rehabilitation, time in custody, COVID-19 conditions and special circumstances.']

Ratio Decidendi

Full-time imprisonment was required for the serious, repeated and varied offending against six victims, including three children, with significant needs for punishment, denunciation, community protection and general deterrence. However, the sentence was moderated by the full guilty plea discount, meaningful remorse, prior good character to a limited extent, onerous custody including COVID-19 conditions, special circumstances, the offender's traumatic deprivation and family violence background, mental health disorders and low intellectual functioning, which reduced moral culpability and tempered general deterrence. Form 1 matters were taken into account consistently with the guideline...

Court Disposition

The offender was convicted. For sequences 29 and 55 he was released on Community Correction Orders for 2 years. For all remaining sequences he was sentenced to an aggregate term of imprisonment of 8 years 6 months with a non-parole period of 4 years 8 months.

Orders

  • ['In respect of the matters to which the offender has pleaded guilty he is convicted.' 'In respect of sequences 29 and 55 the offender is released on a Community Correction Order for a period of 2 years, conditioned that the offender commit no further offences and appear for sentence in respect of any breach...