R v Alameddine

[2023] NSWDC 299

District Court

New South Wales

Medium Neutral Citation:

R v Alameddine [2023] NSWDC 299

Hearing dates:

20 July 2023

Decision date:

04 August 2023

Jurisdiction:

Criminal

Before:

NOMAN SC DCJ

Decision:

1. The offender is convicted on both offences.

2. The indicative sentences, each reduced by 25% to acknowledge the timing of the pleas are: Sequence 2, attempt sexual intercourse, taking into account the further offence on the form 1: 3 years and 4 months imprisonment; Sequence 4, forcible abduction: 3 years imprisonment

3. The sentence imposed is an aggregate sentence of 3 years and 6 months imprisonment with a non–parole period of 1 year and 9 months to date from 28 July 2023 to take into account the 7 days presentence custody. This sentence will expire on 27 January 2027. Eligibility for parole arises on 27 April 2025. This variation to the statutory ratio to 50% gives effect to a finding of special circumstances.

Catchwords:

SENTENCING — Penalties — Imprisonment – attempt sexual intercourse without consent - Forcible abduction of a woman with intent to carnally know – relevant factor – delay – remorse – limited risk of reoffending – family hardship – significant impact to children

Legislation Cited:

Ss.61I; 61L, 61P, 89 Crimes Act 1900 (NSW)

Ss.67(1), 67(2) Crimes [Sentencing Procedure] Act 1999 (NSW)

Cases Cited:

R v Todd [1982] 2 NSWLR 517

Jackson v R [2023] NSWCCA 121

R v KH [2022] NSWDC 706

R v Heyward [2020] NSWDC 248

Category:

Sentence

Parties:

R;
Azam Alameddine

Representation:

Counsel:
Crown: Mr J Sfinas
Defence: Mr S Buchen SC

File Number(s):

2021/303849

Publication restriction:

Non-publication order re complainant’s identity and/or anything that may identify them

JUDGMENT

1. The offender, Azam Alameddine, appears for sentence after entering pleas of guilty to two offences in the Local Court on 20 October 2022. He adhered to the pleas in this Court.

2. The offences for sentence are:

1. Attempt sexual intercourse contrary to ss61I/61P Crimes Act with a maximum penalty of 14 years imprisonment; and

2. Forcible abduction of a woman with intent to carnally know her contrary to s.89 Crimes Act with a maximum penalty of 14 years imprisonment.

3. Both of these offences are related to the one incident. Arising out of the same incident, the offender asks that a further offence of indecent assault be taken into account on a form 1 when I sentence on the attempted sexual intercourse offence. This offence is contrary to s.61L Crimes Act and if prosecuted separately would be informed by a maximum penalty of 5 years. I have considered the provided facts. I determine that this conduct is appropriate to be placed on a form 1 and I will take it into account in accordance with the guideline judgment. It is a separate sexual act committed close in time to the principal offence and to the same victim. The act is limited in seriousness although the circumstances in which the act occurred are serious. It does not warrant an increase to the sentence otherwise to be imposed…