R v Nasrallah [2022] NSWDC 54

R v Nasrallah [2022] NSWDC 54

The appropriate sentence is a full-time custodial term of three years and six months with a non-parole period of two years for an aggravated (in company) assault with intent to rob and inflict actual bodily harm, taking into account the offender’s significant criminal history, use of a weapon, commission in company and while on conditional liberty, but moderating for his early guilty plea, demonstrated deprivation in childhood, mental health and substance abuse issues, the impact of COVID-19 custodial conditions, reduced moral culpability per Bugmy principles, and the need for parity with the co-offender.

Parties
Prosecution: Director of Public Prosecution (Crown); Offender: Hussein Nasrallah
Jurisdiction
Australia
Judgment Date
11 March 2022
Procedural Posture
Criminal / Sentence
Outcome
Full-time custodial sentence imposed; special circumstances found.
Legal Topics
Aggravated Assault, Robbery, Actual Bodily Harm, Sentencing, Joint Criminal Enterprise, Parity, Bugmy Principles
Criminal Law Aggravated Assault Robbery Actual Bodily Harm Sentencing Joint Criminal Enterprise Parity Bugmy Principles

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 6 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Director of Public Prosecution (Crown)

Prosecution

Hussein Nasrallah

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for aggravated (in company) assault with intent to rob and inflict actual bodily harm under s 95(1) of the Crimes Act 1900?
  2. 2 To what extent do the offender’s background, mental health, prior criminal history, and the COVID-19 custodial environment mitigate sentence severity?
  3. 3 How do principles of parity and Bugmy principles impact sentencing in this case involving joint enterprise?

Ratio Decidendi

The appropriate sentence is a full-time custodial term of three years and six months with a non-parole period of two years for an aggravated (in company) assault with intent to rob and inflict actual bodily harm, taking into account the offender’s significant criminal history, use of a weapon, commission in company and while on conditional liberty, but moderating for his early guilty plea, demonstrated deprivation in childhood, mental health and substance abuse issues, the impact of COVID-19 custodial conditions, reduced moral culpability per Bugmy principles, and the need for parity with the co-offender.

Court Disposition

Full-time custodial sentence imposed; special circumstances found.

Orders

  • Offender convicted of aggravated assault with intent to rob and recklessly inflict actual bodily harm (s 95(1) Crimes Act 1900).
  • Sentenced to three years and six months’ imprisonment.