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New South Wales |
Case Name: | R v Fatefehi |
Medium Neutral Citation: | [2025] NSWDC 124 |
Hearing Date(s): | 4 September 2024 – 24 September 2024, 7 November 2024 & 28 February 2025 |
Date of Orders: | 04 April 2025 |
Decision Date: | 4 April 2025 |
Jurisdiction: | Criminal |
Before: | Montgomery DCJ |
Decision: | Aggregate sentence of imprisonment for 7 years with a non-parole period of 4 years and 7 months |
Catchwords: | Criminal law — Sentencing — Sexual Offences — Aggravated Sexual Assault — Section 61J(1) of the Crimes Act 1900 (NSW) — Where complainant under the age of 16 years — Whether Offender was in a position of “authority” or “trust” — Whether Offender’s continuing claim of innocence prevents a finding of positive prospects of rehabilitation — Whether continuing claim of innocence affects assessment of recidivism risk |
Legislation Cited: | Crimes Act 1900 (NSW) |
Cases Cited: | Al Dhaifa v R [2024] NSWCCA 108 |
Texts Cited: | W Wan, S Poynton, G Goorn and D Weatherburn, “Parole Supervision and Reoffending” (2016) 149 Australia & New Zealand Journal of Criminology 4 |
Category: | Sentence |
Parties: | Rex (Crown) |
Representation: | Prosecution: Mr Walmann |
File Number(s): | 2023/00007581 |
Publication Restriction: | Non-Publication Order regarding identity of the complainant. |
JUDGMENT
Isileli Fatefehi (“the Offender”) was born in October 1976. Presently, he is 48 years of age. Following a trial before a jury of 12, he was convicted on 24 September 2024 of two offences of sexual assault against a then 15-year-old female (“the Victim”) in circumstances of aggravation against section 61J(1) of the Crimes Act 1900 (NSW).
That the Victim was under the age of 16 years at the time of the offences is the circumstance of aggravation upon which Crown relied at trial: section 61J(2)(d); Trial Elements Document MFI 25; Sentence Hearing Crown Written Submissions MFI 2. Each offence carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years.
The offending occurred in the early hours of 17 December 2022.
The Offender was arrested on 9 January 2023 and has remained incarcerated since.
There are no Form 1 matters to be taken into account.
FACTS
The Offender was in a relationship with the Victim’s mother (“Mother
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- R v Fatefehi [2025] NSWDC 124
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- [2025] NSWDC 124
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the accused was in a position of authority or trust over the victim, and if so, how this would impact the sentencing. Additionally, the court needed to assess whether the accused's continued denial of guilt would affect his prospects for rehabilitation and his risk of reoffending. These factors are significant in the context of section 61J(1) of the Crimes Act, which mandates specific sentencing considerations for sexual offences involving minors.
In delivering the judgment, the court found that the accused was indeed in a position of authority over the victim, which warranted an aggravated penalty. The court considered the accused's continued claims of innocence, which they found to be a factor that negatively impacted his prospects for rehabilitation and increased his risk of reoffending. The court acknowledged the gravity of the offence and the need to protect the community from potential future harm. Ultimately, the court imposed an aggregate sentence of imprisonment for 7 years, with a non-parole period of 4 years and 7 months. This decision reflects a balanced approach to sentencing that considers both the severity of the offence and the offender's potential for rehabilitation.
Orders
Orders of the court
Aggregate sentence of imprisonment for 7 years with a non-parole period of 4 years and 7 months
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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