R v Osman Chamseddine [2015] NSWDC 233

R v Osman Chamseddine [2015] NSWDC 233

Aggregate sentence reflects the severity and criminality of multiple offences committed against a vulnerable child by a person in a position of trust, taking into account aggravating factors including the victim's age and disabilities, absence of remorse or contrition, prior good character not being mitigating, special circumstances, and the totality principle in sentencing.

Jurisdiction
Australia
Judgment Date
18 September 2015
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to an aggregate period of imprisonment of 15 years with a non-parole period of 10 years
Legal Topics
['aggravated Sexual Intercourse With Child' 'aggravated Indecent Assault' 'offences Against Vulnerable Children' 'sentencing' 'position of Trust' 'remorse and Contrition' 'general Deterrence' 'personal Deterrence' 'special Circumstances' 'prior Good Character' 'harm to Victim']
['criminal Law'] ['aggravated Sexual Intercourse With Child' 'aggravated Indecent Assault' 'offences Against Vulnerable Children' 'sentencing' 'position of Trust' 'remorse and Contrition' 'general Deterrence' 'personal Deterrence' 'special Circumstances' 'prior Good Character' 'harm to Victim']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the accused committed the acts described by the victim' 'Assessment of the route taken and deviation to location of Lyn Parade' 'Objective criminality and aggravating factors' 'Effect of prior good character' 'Assessment of remorse or contrition' 'Totality principle and concurrency in sentencing' 'Impact and harm to victim' 'Assessment of risk of re-offending' 'Delay in prosecution']

Ratio Decidendi

Aggregate sentence reflects the severity and criminality of multiple offences committed against a vulnerable child by a person in a position of trust, taking into account aggravating factors including the victim's age and disabilities, absence of remorse or contrition, prior good character not being mitigating, special circumstances, and the totality principle in sentencing.

Court Disposition

Sentenced to an aggregate period of imprisonment of 15 years with a non-parole period of 10 years

Orders

  • ['Osman Chamseddine sentenced to an aggregate period of 15 years imprisonment commencing 15 March 2015 and expiring 14 March 2030' 'Non-parole period of 10 years commencing 15 March 2015 and expiring 14 March 2025' 'Order restricting the name and any other material tending to identify the victim or members of her...