R v Munshizada [2021] NSWDC 679

R v Munshizada [2021] NSWDC 679

A fixed term of imprisonment of 11 months is warranted given the objective seriousness of the conduct (below the mid-level), the aggravating features of repeated violence while the victim was restrained, the substantial criminal history of the offender, limited mitigation from personal disadvantage, limited weight to hardship due to pandemic restrictions, no evidence of remorse, and to maintain parity with a similarly-culpable co-offender (Scollie). No non-parole period is set as the sentence will be subsumed within inevitable longer sentences for other serious offences.

Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence to imprisonment
Legal Topics
['sentencing' 'affray' 'prison Violence' 'parity Principle' 'remand Hardship' 'mitigation']
['criminal Law'] ['sentencing' 'affray' 'prison Violence' 'parity Principle' 'remand Hardship' 'mitigation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for the offence of affray committed while in custody' 'Consideration of aggravating and mitigating factors, including significant criminal history, rehabilitation prospects, hardship due to pandemic, and parity with co-offenders']

Ratio Decidendi

A fixed term of imprisonment of 11 months is warranted given the objective seriousness of the conduct (below the mid-level), the aggravating features of repeated violence while the victim was restrained, the substantial criminal history of the offender, limited mitigation from personal disadvantage, limited weight to hardship due to pandemic restrictions, no evidence of remorse, and to maintain parity with a similarly-culpable co-offender (Scollie). No non-parole period is set as the sentence will be subsumed within inevitable longer sentences for other serious offences.

Court Disposition

conviction and sentence to imprisonment

Orders

  • ['The offender, Siar Munshizada, is convicted of affray.' 'Sentenced to a fixed term of imprisonment of 11 months, commencing 13 December 2021 and expiring 12 November 2022.' 'All COVID-19 forms are to be destroyed.']