R v Mohamed SABRA [2011] NSWDC 161

R v Mohamed SABRA [2011] NSWDC 161

Given the objective seriousness, aggravating features including use of alcohol, contrition and character evidence, but also the lack of alternatives to full-time custody and the prescribed sentencing principles, the offender must be sentenced to full-time imprisonment. Sentences were imposed with an eight percent discount for the guilty plea, resulting in an effective overall sentence of three years and three months commenced from the date of sentencing, with a non-parole period of two years.

Parties
Prosecution: Regina; Accused: Mohamed Sabra
Jurisdiction
Australia
Judgment Date
11 February 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to full-time imprisonment.
Legal Topics
Aggravated Indecent Assault, Aggravated Sexual Assault, Sentencing, Mitigation, Character Evidence, Contrition, Prospects of Rehabilitation
Criminal Law Aggravated Indecent Assault Aggravated Sexual Assault Sentencing Mitigation Character Evidence Contrition Prospects of Rehabilitation

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Parties

Regina

Prosecution

Mohamed Sabra

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated indecent assault and aggravated sexual intercourse against a child under sixteen
  2. 2 Consideration of character references in sentencing
  3. 3 Impact and admissibility of victim impact statement for sentencing

Ratio Decidendi

Given the objective seriousness, aggravating features including use of alcohol, contrition and character evidence, but also the lack of alternatives to full-time custody and the prescribed sentencing principles, the offender must be sentenced to full-time imprisonment. Sentences were imposed with an eight percent discount for the guilty plea, resulting in an effective overall sentence of three years and three months commenced from the date of sentencing, with a non-parole period of two years.

Court Disposition

Accused convicted and sentenced to full-time imprisonment.

Orders

  • For offence against s 61M Crimes Act 1900: non-parole period of eighteen months from 11 February 2011 to 10 August 2012, balance of term six months from 11 August 2012 to 10 February 2013.
  • For first offence against s 66C Crimes Act 1900: non-parole period of seventeen months from 11 May 2011 to 10 October 2012, balance of term sixteen months from 11 October 2012 to 10 February 2014.