R v Daher [2021] NSWDC 739

R v Daher [2021] NSWDC 739

The offender participated in a joint criminal enterprise resulting in reckless wounding of the victim; aggravating factors outweighed mitigating ones though a plea and disadvantage reduced sentence; special circumstances warranted a reduced non-parole period; a custodial sentence of two years and nine months imprisonment with an 18-month non-parole period was appropriate; an ancillary offence was dealt with under s 10A with no penalty.

Parties
Prosecution: Regina (Office of Director of Public Prosecutions); Offender: Tiger Daher
Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence imposed
Legal Topics
Violent Offences, Reckless Wounding, Sentencing, Aggravating Factors, Breach of Conditional Liberty, Mitigating Factors, Plea of Guilty, Remorse, Pre Sentence Custody Period, Judicial Discretion, Co Offenders, Joint Criminal Enterprise, Deterrence, Maximum Penalty, Objective Seriousness, Subjective Considerations, Drug Addiction, Mental Illness, Special Circumstances
Criminal Law Violent Offences Reckless Wounding Sentencing Aggravating Factors Breach of Conditional Liberty Mitigating Factors Plea of Guilty +12 more

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Parties

Regina (Office of Director of Public Prosecutions)

Prosecution

Tiger Daher

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for reckless wounding in company while on conditional liberty
  2. 2 Consideration of aggravating and mitigating factors in sentencing
  3. 3 Determination of objective and subjective seriousness of offence

Ratio Decidendi

The offender participated in a joint criminal enterprise resulting in reckless wounding of the victim; aggravating factors outweighed mitigating ones though a plea and disadvantage reduced sentence; special circumstances warranted a reduced non-parole period; a custodial sentence of two years and nine months imprisonment with an 18-month non-parole period was appropriate; an ancillary offence was dealt with under s 10A with no penalty.

Court Disposition

conviction and custodial sentence imposed

Orders

  • The offender is convicted of reckless wounding in company.
  • A sentence of imprisonment of two years and nine months commencing 28 December 2019 is imposed.