SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0234
| MOHAMED NADDAF | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST, KAYE and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 2 March 2020 |
| DATE OF JUDGMENT: | 6 March 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 41 |
| JUDGMENT APPEALED FROM: | [2018] VSC 429 (Champion J) |
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CRIMINAL LAW – Appeal – Sentence – Applicant pleaded guilty to manslaughter by criminal negligence – Total effective sentence of 11 years’ imprisonment, non-parole period of 8 years – Applicant failed to obtain medical assistance for seriously injured wife – Protracted period of offending – Whether sentence manifestly excessive – Leave to appeal refused – Very serious example of manslaughter by criminal negligence – Aggravating factors – Duty of care – High moral culpability – Plea of guilty – No other substantial mitigating circumstances – Current sentencing practices only one of a number of factors to be considered – Reid v The Queen (2010) 29 VR 446, R v Jagroop (2009) 22 VR 80, R v Blackwell [2013] VSC 499, R v Lai [2015] VSC 346, R v Vandergulik [2009] VSC 3 and R v Russo [2018] VSC 395 considered.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr J Gullaci | Doogue & George Pty Ltd |
| For the Respondent | Ms M Mahady | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
KAYE JA
WEINBERG JA:
The applicant pleaded guilty to the manslaughter of Ashlee Brown at Craigieburn between 2 November 2016 and 6 November 2016. After a plea presented on his behalf, he was sentenced to 11 years’ imprisonment with a non-parole period of 8 years.[1] He seeks leave to appeal the sentence on the ground that it is manifestly excessive.
[1]R v Naddaf [2018] VSC 429 (‘Reasons’).
The applicant’s guilty plea was made on the basis of manslaughter by criminal negligence. In particular, it was put, and accepted by the prosecution, on the basis of the failure of the applicant to obtain medical assistance for Ms Brown after she had sustained multiple injuries due to an assault inflicted upon her in a Hyundai motor vehicle that was located in the garage of their family home. The prosecution was not able to identify who had inflicted the injuries on Ms Brown.
The circumstances of the offence
At the time of her death Ms Brown was 25 years of age, and the applicant was 37 years of age. They had been living together at premises in Craigieburn for approximately five or six years. Residing at the home with them were their three children, a son aged three years, a daughter aged two years and a son who was then six months of age.
At approximately 10.55 am on Sunday 6 November 2016, the applicant telephoned the Emergency Services number triple 0 and requested ambulance assistance. He told the operator that he had found his wife in the vehicle some days previously, and that she was now cold to touch and stiff.
When…
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- AGLC
- Mohamed Naddaf v The Queen [2020] VSCA 41
- Case
- [2020] VSCA 41
- Decision Date
CaseChat Overview and Summary
The court considered several factors in its decision, including the applicant's failure to obtain medical assistance for his seriously injured wife, the protracted period of offending, and the degree of moral culpability. The court noted that this was a very serious example of manslaughter by criminal negligence, with significant aggravating factors such as the applicant's duty of care and high moral culpability. However, the plea of guilty was considered a mitigating factor. The court found that there were no other substantial mitigating circumstances present. It was held that while current sentencing practices are an important consideration, they are only one of many factors to be taken into account in determining whether a sentence is manifestly excessive.
The court ultimately found that the sentence imposed was not manifestly excessive. It relied on several previous cases, including Reid v The Queen, R v Jagroop, R v Blackwell, R v Lai, R v Vandergulik, and R v Russo, to support its decision. The appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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