R v Abdallah

[2025] NSWDC 33

District Court

New South Wales

Medium Neutral Citation:	R v Abdallah [2025] NSWDC 33
Hearing dates:	24 February 2025
Decision date:	26 February 2025
Jurisdiction:	Criminal
Before:	Noman SC DCJ
Decision:	Imprisonment of 2 years and 3 months, with a non-parole period of 1 year and 2 months, to date from 25 January 2025
Catchwords:	SENTENCING — imprisonment — recklessly causing grievous bodily harm
Legislation Cited:	s35(2) Crimes Act 1900 (NSW)
Category:	Sentence
Parties:	Rex; Adam Abdallah
Representation:	Counsel: Crown: H Bates Defence: G James AM KC Solicitors: Crown: K Lawrence Defence: B Elkheir
File Number(s):	2023/137733

JUDGMENT

1. The offender Adam Abdallah pleaded guilty to the offence of recklessly causing grievous bodily harm to Khodr Yaghi on 28 April 2023 pursuant to s35(2) Crimes Act 1900 (NSW).

2. The maximum penalty for this offence is 10 years imprisonment, with a standard non-parole period of 4 years imprisonment. Both operate as legislative guideposts and represent the legislature’s assessment of the seriousness of the offence.

3. Plea

4. The plea was entered in the District Court on 19 September 2024, after having originally been committed to trial on 21 February 2024 on this and a more serious offence. However, the offender offered to plead guilty to this offence in lieu of the more serious offence in the Local Court. This offer was ultimately accepted during a ‘super callover’ in this Court. In this circumstance, I intend to apply a reduction of 25% after the otherwise appropriate sentence has been determined to reflect the timing of the offer of the plea of guilty. This was a compelling Crown case, supported as it was by witnesses and recordings of keys parts of the offending. There was an initial acceptance of some responsibility. There is a utilitarian benefit from the offering of the plea.

5. Facts

6. The facts are detailed in the agreed facts document. I have read and will have regard to the entire document. I shall refer to the salient aspects in assessing the objective seriousness.

7. On 28 April 2023 the offender attended an evening local football game as a spectator. The victim was a registered referee and was performing the role of linesman at the game. He was wearing the uniform of a linesman. The age of the victim is not disclosed in the tendered evidence, but the victim appeared in the recordings to be older than the offender. At the end of the game the offender approached the main referee and verbally abused him over his performance. The victim and the other linesman told the offender to leave. The offender focussed his attention on directing verbal abuse towards the victim. The victim used the wrist brace end of his linesman flag to strike the offender on the head causing him to fall to the ground. This flag is about 40cm in length, with a light-weight pole to which the flag attaches and a padded foam end. Although light weight it would be capable of causing pain if used with force. After the offender was assisted…