R v Youseff (No 4) [2025] NSWSC 125

R v Youseff (No 4) [2025] NSWSC 125

The Court concluded that the appropriate sentence for murder, where the intention was to cause grievous bodily harm rather than to kill, and where aggravating features existed but were tempered by significant mitigating factors such as youth, past exposure to extreme domestic violence, substance dependence, and other trauma, was a determinate sentence of imprisonment. The moral culpability of the offender was found to be reduced, warranting a non-parole period shorter than the standard, and special circumstances were found justifying the extension of the non-parole period.

Parties
Crown: Rex; Offender: Bahra Youseff
Jurisdiction
Australia
Judgment Date
28 February 2025
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Offender sentenced to imprisonment for 23 years and 6 months with a non-parole period of 16 years; special circumstances found; notification of possible consequences under the Crimes (High Risk Offenders) Act 2006 (NSW).
Legal Topics
Murder, Sentencing, Use of Weapon, Intention to Cause Grievous Bodily Harm, Bugmy Factors, Moral Culpability, Special Circumstances
Criminal Law Murder Sentencing Use of Weapon Intention to Cause Grievous Bodily Harm Bugmy Factors Moral Culpability Special Circumstances

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Parties

Rex

Crown

Bahra Youseff

Offender

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for the offence of murder where the offender intended to cause grievous bodily harm, not death
  2. 2 Application and weight of aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999 (NSW)
  3. 3 Effect of Bugmy factors and youth on the assessment of moral culpability

Ratio Decidendi

The Court concluded that the appropriate sentence for murder, where the intention was to cause grievous bodily harm rather than to kill, and where aggravating features existed but were tempered by significant mitigating factors such as youth, past exposure to extreme domestic violence, substance dependence, and other trauma, was a determinate sentence of imprisonment. The moral culpability of the offender was found to be reduced, warranting a non-parole period shorter than the standard, and special circumstances were found justifying the extension of the non-parole period.

Court Disposition

Offender sentenced to imprisonment for 23 years and 6 months with a non-parole period of 16 years; special circumstances found; notification of possible consequences under the Crimes (High Risk Offenders) Act 2006 (NSW).

Orders

  • Bahra Youseff is sentenced to imprisonment for 23 years and 6 months.
  • A non-parole period of 16 years is set, commencing on 31 October 2022.