Ottoman v R [2018] NSWDC 374

Ottoman v R [2018] NSWDC 374

Convictions and sentences relating to two charges of common assault against Suzie Ottoman (the 'knife incident' and 'shoe incident') are confirmed as being supported by credible and corroborated evidence. The conviction and sentence in relation to the alleged assault against Lara Ottoman (the 'hair pulling incident') are set aside, as the necessary standard of proof was not met due to unresolved inconsistencies and lack of acceptable corroboration.

Parties
Appellant: Alexander Ottoman; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Criminal / Conviction and Severity Appeal From Local Court – Appeal Decision
Outcome
Part appeal allowed; two convictions and sentences confirmed, one conviction and sentence set aside.
Legal Topics
Appeal From Local Court, Common Assault, Conviction Appeal, Severity Appeal, Domestic Violence
Criminal Law Appeal From Local Court Common Assault Conviction Appeal Severity Appeal Domestic Violence

Case Brief

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Parties

Alexander Ottoman

Appellant

Regina

Respondent

Procedural Posture

Criminal / Conviction and Severity Appeal From Local Court – Appeal Decision

Legal Issues

  1. 1 Whether the convictions for common assault should be upheld
  2. 2 Whether the severity of sentence was excessive
  3. 3 Whether one charge was proved beyond reasonable doubt

Ratio Decidendi

Convictions and sentences relating to two charges of common assault against Suzie Ottoman (the 'knife incident' and 'shoe incident') are confirmed as being supported by credible and corroborated evidence. The conviction and sentence in relation to the alleged assault against Lara Ottoman (the 'hair pulling incident') are set aside, as the necessary standard of proof was not met due to unresolved inconsistencies and lack of acceptable corroboration.

Court Disposition

Part appeal allowed; two convictions and sentences confirmed, one conviction and sentence set aside.

Orders

  • H61571536/Seq 1 Conviction and sentence are confirmed
  • H61571536/Seq 2 Conviction and sentence are confirmed