R v Alameddine [2023] NSWDC 299

R v Alameddine [2023] NSWDC 299

The aggregate sentence imposed reflects the seriousness of opportunistic and non-consensual sexual and abduction conduct, the substantial delay in prosecution, and significant hardship to children, warranting a variation to the statutory non-parole ratio as special circumstances; Intensive Correction Order not granted due to offence classification and overall sentence length.

Parties
Prosecution: R; Offender: Azam Alameddine
Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted on both offences. Aggregate sentence imposed.
Legal Topics
Sentencing, Attempted Sexual Intercourse Without Consent, Forcible Abduction, Indecent Assault, Delay, Remorse, Family Hardship, Impact to Children
Criminal Law Sentencing Attempted Sexual Intercourse Without Consent Forcible Abduction Indecent Assault Delay Remorse Family Hardship +1 more

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Parties

R

Prosecution

Azam Alameddine

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of objective seriousness of attempted sexual intercourse and forcible abduction offences
  2. 2 Consideration of delay between offending and sentencing
  3. 3 Impact of family hardship and significant impact to children on sentencing

Ratio Decidendi

The aggregate sentence imposed reflects the seriousness of opportunistic and non-consensual sexual and abduction conduct, the substantial delay in prosecution, and significant hardship to children, warranting a variation to the statutory non-parole ratio as special circumstances; Intensive Correction Order not granted due to offence classification and overall sentence length.

Court Disposition

The offender is convicted on both offences. Aggregate sentence imposed.

Orders

  • Indicative sentence for attempt sexual intercourse (including indecent assault on form 1): 3 years and 4 months imprisonment (reduced by 25% for timing of plea)
  • Indicative sentence for forcible abduction: 3 years imprisonment (reduced by 25% for timing of plea)