R v Mansour [2019] NSWDC 840

R v Mansour [2019] NSWDC 840

Terms of full-time imprisonment are warranted for serious domestic violence and drug-related offending. Special circumstances exist justifying an extended parole to allow for rehabilitation of anger management and drug abuse issues. Past criminal and subjective history, ongoing risk of re-offending, and societal interest in deterring domestic violence required sentences reflecting both specific and general deterrence. Aggregate sentences were imposed, with indicative sentences for component offences and orders for forfeiture of proceeds.

Parties
Crown: Regina; Offender: Joseph Mansour
Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted. Special circumstances found. Aggregate sentence of imprisonment imposed.
Legal Topics
Assault Occasioning Actual Bodily Harm, Deal With Property Suspected of Being Proceeds of Crime, Common Assault, Possess Prohibited Drug, Domestic Violence, Sentencing
Criminal Law Assault Occasioning Actual Bodily Harm Deal With Property Suspected of Being Proceeds of Crime Common Assault Possess Prohibited Drug Domestic Violence Sentencing

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Parties

Regina

Crown

Joseph Mansour

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for assault occasioning actual bodily harm in a domestic violence context
  2. 2 Appropriate sentence for dealing with property suspected of being proceeds of crime
  3. 3 Appropriate sentence for possess prohibited drug (MDMA)

Ratio Decidendi

Terms of full-time imprisonment are warranted for serious domestic violence and drug-related offending. Special circumstances exist justifying an extended parole to allow for rehabilitation of anger management and drug abuse issues. Past criminal and subjective history, ongoing risk of re-offending, and societal interest in deterring domestic violence required sentences reflecting both specific and general deterrence. Aggregate sentences were imposed, with indicative sentences for component offences and orders for forfeiture of proceeds.

Court Disposition

Convicted. Special circumstances found. Aggregate sentence of imprisonment imposed.

Orders

  • Aggregate sentence: 2 years' imprisonment from 5/7/19 to 4/7/21, with non-parole period of 1 year (ending 4/7/20) and parole for 1 year.
  • Indicative sentences: Assault occasioning actual bodily harm (incl. Form 1 common assault): 1 year & 7 months, Deal with property suspected of being proceeds of crime: 11 months, Possess prohibited drug (MDMA): 6 months.