R v Abbas, Hilal - [2008] NSWDC 339

CITATION: R v ABBAS, Hilal [2008] NSWDC 339

JUDGMENT DATE:
17 December 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION:
Malicious Wounding:
Convicted. Sentence to a term of 12 months imprisonment
I order that execution of the sentence be suspended conditional upon entering into a bond to be of good behaviour for 12 months pursuant to s.12 of the Crimes (Sentencing Procedure) Act 1999. The term of the bond to commence today.
Conditions of the bond are as follows:
(1) To be of good behaviour;
(2) To consume your medication daily
(3) Consult 4 times annually with Dr. Jacmon or other psychologist
(4) Notify the registrar of your address
(5) Notify the registrar of any change of address within 7 days
(6) Attend any call up of any alleged breach of bond
Have custody of an offensive implement in a public place:
Pursuant to s.166 of the Crimes (Sentencing Procedure) Act you are convicted and sentenced to a fixed term of 3-months imprisonment.
I order that execution of the sentence be suspended conditional upon entering into a bond to be of good behaviour for 3 months pursuant to s.12 of the Crimes (Sentencing Procedure) Act 1999. The term of the bond to commence today.
Conditions of the bond are as follows:
1. To be of good behaviour;
2. To consume your medication daily
3. Consult 4 times annually with Dr. Jacmon or other psychologist
4. Notify the registrar of your address
5. Notify the registrar of any change of address within 7 days
6. Attend any call up of any alleged breach of bond

CATCHWORDS: Criminal law- sentence - after s.11 bail - malicious wounding - knife attack - offender complains re quality of product in supermarket - store employee stabbed - unmedicated schizophrenic - unplanned, reactive ofending, heightened irritability, impatience, impulsivity - substantial rehabilitation progress - daily medication compliance - suspended 12 month term of imprisonment.

LEGISLATION CITED: Criminal Procedure Act 1986

CASES CITED: R v Gladue (1999) 1SCR 688 [80]
R v Cuthbert (1967) 2 NSWR 329
R v Rushby (1977) NSWLR 597
R v Hayes [1984] 1 NSWLR 740

PARTIES: Regina
Hilal Abbas

FILE NUMBER(S): 07/21/0264

SOLICITORS: Crown: Mr Mason
Defence: Mr N Sowaid

JUDGMENT

1. In April of 2007 Hilal Abbas was a diagnosed schizophrenic. His schizophrenia was sufficiently florid for him to be in receipt of a disability support pension. While it is not clear over what period of time Hilal Abbas had been diagnosed, his visits to his psychiatrist had ceased some 18 months before this offending. It would seem that shortly after these visits to his psychiatrist stopped Hilal Abbas also stopped taking his medication.

2. As is not infrequently the case, the failure of Mr Abbas to take his medication makes him dangerously ill-equipped to handle stress. When taking his medication he can function normally. In the absence of medication he is potentially lethal.

3. Rabbih Obeide, apparently a young employee at the Woolworths Auburn store, found out to his horror…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Abbas, Hilal

Details

AGLC: R v Abbas, Hilal [2008] NSWDC 339
Case: [2008] NSWDC 339
Decision Date: 17 December 2008

CaseChat Overview and Summary

The case of R v Abbas, Hilal involved an individual who had attacked a store employee with a knife following an incident in a supermarket. The defendant, who had been unmedicated at the time, had reacted violently to a complaint about a product. The defendant's condition was described as schizophrenic, leading to unplanned, reactive offending due to heightened irritability, impatience, and impulsivity. Despite this, the defendant had made substantial rehabilitation progress and was compliant with daily medication. The case was heard in the NSW District Court, with the court needing to decide the appropriate sentence for the defendant's actions.

The primary legal issue the court had to address was determining a suitable sentence for the defendant's acts of malicious wounding and possession of an offensive weapon in a public place. The court considered the defendant's mental health condition, the nature of the offending, and the defendant's progress in rehabilitation. The court also had to weigh the need for punishment against the need for rehabilitation, particularly given the defendant's compliance with medication and other conditions. The court needed to decide whether a suspended sentence would be appropriate, given the defendant's demonstrated rehabilitation progress.

In delivering the judgment, the court acknowledged the defendant's mental health issues and the circumstances leading to the offending. The court recognised the defendant's compliance with medication and rehabilitation efforts, which contributed to a reduced risk of reoffending. The court determined that a suspended sentence would allow the defendant to continue rehabilitation while still serving a punishment. The court imposed conditions to ensure the defendant remained compliant with medication and regularly consulted with a psychologist. The court found the defendant guilty of both charges and imposed a suspended sentence for the malicious wounding offence and a fixed but suspended term for the possession of an offensive weapon.

The court's final orders included a conviction for both offences, with sentences suspended on conditions. The defendant was required to enter into a bond to be of good behaviour, consume medication daily, consult with a psychologist four times annually, notify the registrar of their address, and attend any call-up regarding alleged breaches of the bond. This decision ensured the defendant received treatment and rehabilitation while still serving a form of punishment, balancing the need for public safety and the defendant's rehabilitation.

Orders

Orders of the court

Malicious Wounding:

Convicted. Sentence to a term of 12 months imprisonment

I order that execution of the sentence be suspended conditional upon entering into a bond to be of good behaviour for 12 months pursuant to s.12 of the Crimes (Sentencing Procedure) Act 1999. The term of the bond to commence today.

Conditions of the bond are as follows:

(1) To be of good behaviour;

(2) To consume your medication daily

(3) Consult 4 times annually with Dr. Jacmon or other psychologist

(4) Notify the registrar of your address

(5) Notify the registrar of any change of address within 7 days

(6) Attend any call up of any alleged breach of bond

Have custody of an offensive implement in a public place:

Pursuant to s.166 of the Crimes (Sentencing Procedure) Act you are convicted and sentenced to a fixed term of 3-months imprisonment.

I order that execution of the sentence be suspended conditional upon entering into a bond to be of good behaviour for 3 months pursuant to s.12 of the Crimes (Sentencing Procedure) Act 1999. The term of the bond to commence today.

Conditions of the bond are as follows:

1. To be of good behaviour;

2. To consume your medication daily

3. Consult 4 times annually with Dr. Jacmon or other psychologist

4. Notify the registrar of your address

5. Notify the registrar of any change of address within 7 days

6. Attend any call up of any alleged breach of bond

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v ABBAS, Hilal [2008] NSWDC 339
JUDGMENT DATE:	17 December 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Malicious Wounding: Convicted. Sentence to a term of 12 months imprisonment I order that execution of the sentence be suspended conditional upon entering into a bond to be of good behaviour for 12 months pursuant to s.12 of the Crimes (Sentencing Procedure) Act 1999. The term of the bond to commence today. Conditions of the bond are as follows: (1) To be of good behaviour; (2) To consume your medication daily (3) Consult 4 times annually with Dr. Jacmon or other psychologist (4) Notify the registrar of your address (5) Notify the registrar of any change of address within 7 days (6) Attend any call up of any alleged breach of bond Have custody of an offensive implement in a public place: Pursuant to s.166 of the Crimes (Sentencing Procedure) Act you are convicted and sentenced to a fixed term of 3-months imprisonment. I order that execution of the sentence be suspended conditional upon entering into a bond to be of good behaviour for 3 months pursuant to s.12 of the Crimes (Sentencing Procedure) Act 1999. The term of the bond to commence today. Conditions of the bond are as follows: 1. To be of good behaviour; 2. To consume your medication daily 3. Consult 4 times annually with Dr. Jacmon or other psychologist 4. Notify the registrar of your address 5. Notify the registrar of any change of address within 7 days 6. Attend any call up of any alleged breach of bond

CATCHWORDS:	Criminal law- sentence - after s.11 bail - malicious wounding - knife attack - offender complains re quality of product in supermarket - store employee stabbed - unmedicated schizophrenic - unplanned, reactive ofending, heightened irritability, impatience, impulsivity - substantial rehabilitation progress - daily medication compliance - suspended 12 month term of imprisonment.
LEGISLATION CITED:	Criminal Procedure Act 1986
CASES CITED:	R v Gladue (1999) 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Rushby (1977) NSWLR 597 R v Hayes [1984] 1 NSWLR 740
PARTIES:	Regina Hilal Abbas
FILE NUMBER(S):	07/21/0264
SOLICITORS:	Crown: Mr Mason Defence: Mr N Sowaid