R v Baradaaji

[2020] NSWDC 685

District Court

New South Wales

Medium Neutral Citation:

R v Baradaaji [2020] NSWDC 685

Hearing dates:

7/8/20, 21/8/20, 2/9/20

Date of orders:

2/9/20

Decision date:

02 September 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to imprisonment for 3 years 6 months with a NPP of 2 years 4 months (4/2/19-3/6/21). I find special circumstances.

Catchwords:

Crime – Sentence – Recklessly cause GBH in company

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v R (2013) 249 CLR 571

Greaves v R [2020] NSWCCA 140

Category:

Sentence

Parties:

DPP (NSW) – Crown
Mouman Baradaaji - Offender

Representation:

Mr Cramer for Crown
Mr Soukie for Offender

File Number(s):

2018/382450

sentence

1. Mr Mouman Baradaaji is for sentence in relation to an offence of recklessly causing grievous bodily harm to a Mr Vaddepalli while being in company with Abdullah Cheikho. The maximum penalty for that offence is 14 years imprisonment and a standard non-parole period of five years is specified. The offender was committed for trial from the Local Court on 25 October 2019. A plea of guilty was entered in this Court on 12 June 2020 at a pretrial mention, and it is agreed that a discount of 10% is appropriate to be given on account of that plea of guilty, and I apply that discount of 10%. Of course the maximum penalty and the standard non-parole period are important guides in the sentencing exercise.

FACTS

2. The facts of the matter are agreed, and in summary are as follows. On Saturday, 1 September 2018 Mr Vaddepalli was on duty at the United Service Station at Wilberforce. He was accompanied by another employee, a female, Yagitha Nakka and they were rostered to close the service station at the end of business which was 10 o'clock at night. This offender and Mr Abdullah Cheikho and a number of other males had been during that day at a place called the Southern Chariot Stud Religious Site on the Putty Road at Colo, and had been there for a barbeque and an afternoon of four wheel driving.

3. Mr Cheikho and this offender Mr Baradaaji were travelling together in Mr Cheikho's utility together with an unknown male. Three other males were travelling together in another utility, those being Mr Ibrahim, Mr Ibrahim-Kadir and a Mr Arnaout. Shortly before 10pm those various men left the religious site and travelled along Wilberforce Road towards Richmond. At about 10pm the two vehicles pulled into the United Service Station at Wilberforce, where Mr Vaddepalli had just turned off the pumps, set the shop alarm, and was in the process of locking the doors. Ms Nakka, his co-worker, was also with him, and she was intending to give him a lift home on her motorcycle as his motorcycle had apparently broken down.

4. The two utilities pulled up in front of the diesel pumps and Mr Cheikho got out and approached Mr Vaddepalli. He said, "We want fuel. Can you please open the door?". Mr Vaddepalli replied saying,…