District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Emal Zazy [2018] NSWDC 297 Hearing dates: 2 – 6 July 2018 Decision date: 17 October 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence imposed. For orders see [80]
Catchwords: Indecent assault; sexual intercourse without consent; partial accumulation on sentence Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Bravo v R [2015] CCA 302
Diaz v R [2018] NSWCCA 33
Hoskins v R [2016] NSWCCA 157
Ibbs v R (1987) 163 CLR 447
Pearce v R (1998) 194 CLR 610
R v AJP [2004] NSWCCA 434
R v Daley [2010] NSWCCA 223
R v Da Silva (Unreported NSWCCA 30 November 1995)
R v Edwards (1996) 90 ACrimR 510
R v Hibberd (2009) 194 ACrimR 1
R v King [2009] NSWCCA 117
R v Peachey [2008] 187 ACrimR 152Category: Sentence Parties: Director of Public Prosecutions (Crown)
Emal Zazy (Offender)Representation: Counsel:
Solicitors:
C J Watson (Offender)
G Whitaker (Crown/Trial Advocate)
File Number(s): 16/247223 Publication restriction: Nil
REMARKS ON SENTENCE
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On 2 July 2018, the offender was arraigned on an Indictment containing the following charges:
On the 31st day of July 2016 at Bondi Beach in the State of New South Wales, did assault UP, and at the time of the assault did commit an act of indecency on UP. The offence was pursuant to s 61L of the Crimes Act 1900. The maximum penalty proscribed is a term of five years imprisonment.
On 31 July 2016 at Bondi Beach in the State of New South Wales, did have sexual intercourse with UP without the consent of UP, knowing she was not consenting. The offence was pursuant to section 61I of the Crimes Act 1900. The maximum penalty is a term of fourteen years imprisonment. There is a Standard Non-Parole Period of seven years imprisonment.
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The offender entered a plea of guilty upon arraignment to Count 1. On 6 July 2018, the jury returned a verdict of guilty in respect of Count 2. The Indictment contained a further charge in the alternative to count 2, which was therefore not considered.
Circumstances of the offending in respect of Counts 1 and 2
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The following are my findings which are consistent with the verdict of guilty. On the evening of 30 July 2016 the victim finished work at around 11.30pm and joined a group of friends at a city hotel. They left the hotel a few hours later and went to the home of Grant and Ryan Lansdowne at Bondi. There were a group of people there, including the offender, who socialised into the early hours of the morning. The evidence established that alcohol and cocaine were consumed.
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During the party, the victim met the offender. He asked her to “Come and sit with me” and she said “No”. He then asked, “Are you sure? Do you want to sit in my lap?”, and she said “No”. Later, he had tried…
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- AGLC
- R v Emal Zazy [2018] NSWDC 297
- Case
- [2018] NSWDC 297
- Decision Date
CaseChat Overview and Summary
The court examined the sufficiency of the evidence for the convictions. It considered whether the prosecution had established beyond reasonable doubt that Zazy had committed the acts in question. The court also considered whether the trial judge had erred in any way in the admission or exclusion of evidence, or in the directions given to the jury. Regarding the sentences, the court assessed whether the sentences were appropriate in all the circumstances, taking into account the nature and circumstances of the offences, Zazy's criminal history, and other relevant factors.
The court found that the evidence was sufficient to support the convictions and that the trial judge had not erred in any way. The court also determined that the sentences, while severe, were appropriate given the gravity of the offences and the need for deterrence and denunciation. The court held that the sentences should be partially accumulated, meaning that some of the sentences would run concurrently while others would run consecutively. The court ultimately upheld the convictions and sentences, with the exception of partially accumulating the sentences as mentioned.
Orders
Orders of the court
Full time custodial sentence imposed. For orders see [80]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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