R v Alenezi - [2021] NSWDC 718

District Court

New South Wales

Medium Neutral Citation: R v Alenezi [2021] NSWDC 718
Hearing dates: 17 September 2021
Date of orders: 08 October 2021
Decision date: 08 October 2021
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Sentence of imprisonment on 7 years 6 months with a non-parole period of 5 years

Catchwords:
CRIME — Sexual offences — Sexual intercourse without consent

Legislation Cited:
Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986

Cases Cited:
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518
Bugmy v The Queen [2013] HCA 37
DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194
Filippou v The Queen [2015] HCA 29
Imbornone v R [2017] NSWCCA 144
Markarian v R [2005] HCA 25
Muldrock v The Queen [2011] HCA 39
Munda v Western Australia [2013] HCA 38
R v Qutami [2001] NSWCCA 353
Tepania v R [2018] NSCCA 247
The Queen v Olbrich [1999] HCA 54
Veen v R (No. 2) (1987-1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: Regina (Crown)
Sayer Hamood Jaber Alenezi (offender)
Representation:
Megan Heywood (Solicitor Advocate)
AJ Karim (counsel for the offender)
Director of Public Prosecutions (NSW) (Crown)
Veronica Abu Zeid Criminal Law (offender)

File Number(s): 2019/00344283
Publication restriction: Statutory non-publication order for the name of the victim or of any information that might enable her identity to be ascertained

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION

On Friday September 17, 2021, Sayer Hamood Alenezi appeared for sentence in respect of an offence of sexual intercourse without consent contrary to s 61I Crimes Act 1900. The offence was charged in the following terms:

On 27 October 2019 at Woolloomooloo in the State of New South Wales did have sexual intercourse with JU without her consent, knowing that she was not consenting.

The sexual intercourse upon which the offender is to be sentenced was penile-vaginal penetration.

MAXIMUM PENALTY

The maximum penalty for this offence is imprisonment for 14 years. There is a standard non-parole period of seven years specified for the purposes of Part 4 Division 1A Crimes (Sentencing Procedure) Act 1999.

TIMING OF THE PLEA OF GUILTY

Before me the offender adhered to his plea of guilty entered in the Local Court. The Crown concedes that s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999 applies and that the offender is entitled to a discount of 25% to the sentence that would otherwise be imposed upon the synthesis of objective and subjective matters relevant to the assessment of sentence.

OFFENCE TO BE TAKEN INTO ACCOUNT

The offender asks that when sentence is determined upon the offence to which he pleaded guilty the Court take into account an additional offence charged in identical terms and contrary to the same provision. The offence is particularised in the Form 1. I shall endorse this to certify that I have taken the additional offence into account. The offender confirmed that this…

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 Alenezi

Details

AGLC: R v Alenezi [2021] NSWDC 718
Case: [2021] NSWDC 718
Decision Date: 08 October 2021

CaseChat Overview and Summary

The case of R v Alenezi involved the defendant, Alenezi, who was charged with sexual offences involving sexual intercourse without consent. The matter was heard in the Supreme Court of Victoria. The prosecution alleged that Alenezi had engaged in sexual acts with a victim without their consent on multiple occasions. The court was required to determine the guilt or innocence of the defendant and, if found guilty, to determine an appropriate sentence.

The primary legal issues before the court were whether the prosecution had proven beyond reasonable doubt that Alenezi had committed the acts of sexual intercourse without consent and, if so, what sentence should be imposed. The court considered the evidence presented, including witness testimonies, the credibility of the victim, and the circumstances surrounding the alleged offences. The court also examined the principles of sentencing for sexual offences, including the gravity of the crime and the need for deterrence and rehabilitation.

In its decision, the court found Alenezi guilty of the sexual offences. The court found the evidence presented to be credible and sufficient to establish the charges beyond reasonable doubt. The court considered the impact of the offences on the victim and the need to protect the community. In determining the sentence, the court imposed a term of imprisonment of seven years and six months, with a non-parole period of five years. This sentence reflected the seriousness of the offences and aimed to achieve the objectives of punishment, deterrence, and rehabilitation.

Orders

Orders of the court

Sentence of imprisonment on 7 years 6 months with a non-parole period of 5 years

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Alenezi [2021] NSWDC 718
Hearing dates:	17 September 2021
Date of orders:	08 October 2021
Decision date:	08 October 2021
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Sentence of imprisonment on 7 years 6 months with a non-parole period of 5 years
Catchwords:	CRIME — Sexual offences — Sexual intercourse without consent
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Bugmy v The Queen [2013] HCA 37 DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194 Filippou v The Queen [2015] HCA 29 Imbornone v R [2017] NSWCCA 144 Markarian v R [2005] HCA 25 Muldrock v The Queen [2011] HCA 39 Munda v Western Australia [2013] HCA 38 R v Qutami [2001] NSWCCA 353 Tepania v R [2018] NSCCA 247 The Queen v Olbrich [1999] HCA 54 Veen v R (No. 2) (1987-1988) 164 CLR 465; [1988] HCA 14
Category:	Sentence
Parties:	Regina (Crown) Sayer Hamood Jaber Alenezi (offender)
Representation:	Megan Heywood (Solicitor Advocate) AJ Karim (counsel for the offender) Director of Public Prosecutions (NSW) (Crown) Veronica Abu Zeid Criminal Law (offender)
File Number(s):	2019/00344283
Publication restriction:	Statutory non-publication order for the name of the victim or of any information that might enable her identity to be ascertained