R v SOUFI [2022] NSWDC 615

R v SOUFI [2022] NSWDC 615

The offences were relatively serious examples of sexual touching because they involved high level skin to skin sexual contact, taking advantage of an intoxicated and, for one offence, asleep victim, and actual knowledge of lack of consent. Imprisonment was the only appropriate sentence, with some accumulation required, but the offender's guilty pleas, youth, prior good character, low assessed risk of reoffending, good prospects of rehabilitation, prior custody, onerous bail conditions and extra-curial punishment justified an aggregate term of 2 years and 6 months to be served by way of an intensive correction order rather than full-time custody.

Jurisdiction
Australia
Judgment Date
07 December 2022
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty to Two Counts of Sexual Touching
Outcome
Aggregate sentence imposed; offender convicted on each offence and sentenced to imprisonment for 2 years and 6 months to be served by way of an intensive correction order.
Legal Topics
['sexual Touching' 'intensive Correction Order' 'guilty Plea Discount' 'general Deterrence' 'rehabilitation']
['criminal Law' 'sentencing'] ['sexual Touching' 'intensive Correction Order' 'guilty Plea Discount' 'general Deterrence' 'rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty to Two Counts of Sexual Touching

Legal Issues

  1. 1 ['Assessment of the objective seriousness of two sexual touching offences' 'Whether no sentence other than imprisonment was appropriate' 'Whether the sentence of imprisonment should be served by way of an intensive correction order' "The relevance of the offender's youth, prior good character, guilty pleas, remorse, rehabilitation prospects, prior custody and onerous bail conditions"]

Ratio Decidendi

The offences were relatively serious examples of sexual touching because they involved high level skin to skin sexual contact, taking advantage of an intoxicated and, for one offence, asleep victim, and actual knowledge of lack of consent. Imprisonment was the only appropriate sentence, with some accumulation required, but the offender's guilty pleas, youth, prior good character, low assessed risk of reoffending, good prospects of rehabilitation, prior custody, onerous bail conditions and extra-curial punishment justified an aggregate term of 2 years and 6 months to be served by way of an intensive correction order rather than full-time custody.

Court Disposition

Aggregate sentence imposed; offender convicted on each offence and sentenced to imprisonment for 2 years and 6 months to be served by way of an intensive correction order.

Orders

  • ['The offender is convicted on each of the two offences.' 'Indicative sentence for Sequence 3, sexual touching: 2 years imprisonment.' 'Indicative sentence for Sequence 4, sexual touching: 2 years imprisonment.' 'The offender is sentenced to a term of imprisonment for a period of 2 years and 6 months.' 'The sentence...