R v El Hajjar [2021] NSWDC 116

R v El Hajjar [2021] NSWDC 116

The offence of wound with intent to cause grievous bodily harm under s 33(1)(a) of the Crimes Act 1900, committed by a prisoner in custody using a weapon in a ferocious attack of short duration, with significant but not life-threatening injuries, and an extensive record of prior offending, justified a full-time custodial sentence just below the mid-range of seriousness, served consecutive with existing sentence but backdated to the date of judgment, with a 25% discount for early guilty plea, and without a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Sentence / Sentencing Decision After Guilty Plea
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'sentencing in Criminal Law' 'offences Committed in Custody' 'totality Principle' 'aggravating and Mitigating Factors']
['criminal Law'] ['wounding With Intent to Cause Grievous Bodily Harm' 'sentencing in Criminal Law' 'offences Committed in Custody' 'totality Principle' 'aggravating and Mitigating Factors']

Case Brief

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Procedural Posture

Sentence / Sentencing Decision After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for wound with intent to cause grievous bodily harm pursuant to s 33(1)(a) of the Crimes Act 1900' 'Assessment of objective seriousness of offence committed in custody' 'Application of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act 1999' 'Whether sentence should be served consecutively or concurrently with existing sentence' 'Whether finding of special circumstances should be made']

Ratio Decidendi

The offence of wound with intent to cause grievous bodily harm under s 33(1)(a) of the Crimes Act 1900, committed by a prisoner in custody using a weapon in a ferocious attack of short duration, with significant but not life-threatening injuries, and an extensive record of prior offending, justified a full-time custodial sentence just below the mid-range of seriousness, served consecutive with existing sentence but backdated to the date of judgment, with a 25% discount for early guilty plea, and without a finding of special circumstances.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['You are convicted of the offence of wound with intent to cause grievous bodily harm pursuant to s 33(1) of the Crimes Act 1900.' 'Sentenced to a non-parole period of 3 years and 4 months commencing 9 April 2021 and expiring 8 August 2024.' 'Balance of the term is 1 year and 2 months to commence on 9 August 2024...