R v Shafaq [2022] NSWDC 639

R v Shafaq [2022] NSWDC 639

The offence was objectively serious and around the middle of the range, perhaps a little below, because the offender acted from jealousy, waited for the victim, forced entry, used a broken bottle as a weapon, and inflicted wounds to the victim's neck, scalp and chest, although the injuries were not shown to be life-threatening or long-lasting. After allowing a 25% discount for the early guilty plea and taking into account subjective factors and special circumstances, the appropriate sentence was 4 years and 6 months imprisonment with a non-parole period of 2 years and 9 months.

Jurisdiction
Australia
Judgment Date
03 March 2022
Procedural Posture
Criminal Sentence / Sentence Following an Early Plea of Guilty in the Local Court
Outcome
The offender was convicted and sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 9 months.
Legal Topics
['wound With Intent to Cause Grievous Bodily Harm' 'early Guilty Plea Discount' 'objective Seriousness' 'domestic Type Violence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['wound With Intent to Cause Grievous Bodily Harm' 'early Guilty Plea Discount' 'objective Seriousness' 'domestic Type Violence' 'special Circumstances' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence Following an Early Plea of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for wounding with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act 1900 (NSW).' "How the offender's early guilty plea should affect the sentence." 'How objective seriousness should be assessed where the offender planned a jealous attack and used a broken bottle as a weapon.' "Whether the offender's subjective circumstances, remorse, criminal record, drug use, trauma, family support and prospects of rehabilitation affected sentence." 'Whether special circumstances justified reducing the statutory ratio between the non-parole period and the overall term.']

Ratio Decidendi

The offence was objectively serious and around the middle of the range, perhaps a little below, because the offender acted from jealousy, waited for the victim, forced entry, used a broken bottle as a weapon, and inflicted wounds to the victim's neck, scalp and chest, although the injuries were not shown to be life-threatening or long-lasting. After allowing a 25% discount for the early guilty plea and taking into account subjective factors and special circumstances, the appropriate sentence was 4 years and 6 months imprisonment with a non-parole period of 2 years and 9 months.

Court Disposition

The offender was convicted and sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 9 months.

Orders

  • ['The offender is convicted.' 'He is sentenced to a term of imprisonment comprising a non-parole period of 2 years and 9 months, commencing 27 February 2021 and expiring 26 November 2023, with parole thereafter of 21 months, commencing 27 November 2023 and expiring 26 August 2025, giving rise to an overall term of...