R v Foad Ali SOLAIMAN - [2008] NSWDC 53

CITATION: R v Foad Ali SOLAIMAN [2008] NSWDC 53

HEARING DATE(S): 08/02/08; 15/02/08; 20/03/08

JUDGMENT DATE:
20 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

DECISION: I formally convict you in relation to the offence of procuring for prostitution by threat.
You are sentenced to a total term of three years imprisonment backdated to commence on 4 December 2007 and to expire on 3 December 2010 with a non parole period of two years imprisonment to expire on 3 December 2009.
It will be a term of your parole that you be of good behaviour and that you comply with such directions and attend such programs to which you may be directed by the Probation and Parole Service, including any monitoring of your domestic situation and any assessment of the depression you are said to be suffering as well as such psychotherapy as may be recommended on the basis of the matters set out in the reports of Dr Roberts and the report to which he refers of Dr Younan.

CATCHWORDS: procure by threat for the purpose of prostitution - victim fearful of the offender - victim is offender's wife - victim impact statement - breach of trust - victim was a vulnerable person - limited degree of planning - no record of previous conditions - person of good character - low risk of recidivism - hardship to dependents - mid-range of criminality - general deterrence - special circumstances

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v MAK [2005] NSWCCA 369
R v Edwards (1996) 90 A CrimR 510
R v Sarca (NSWCCA 11 May 1993 unreported)
T (1989) 47 A CrimR 29
Burrell [2000] NSWCCA 207
Wirth (1976) 14 SASR 291
R v X [2004] NSWCCA 93
R v Girard [2004] NSWCCA 170
R v Wei Tang [2007] VSCA 134
R v Broadfoot [1976] 3All ER 753
R v Brown [1984] 1WLR 1211
R v Morris Lowe [1985] 1 WLR 29
R v Gosling [2005] EWCA Crim 3300
R v Oliver, Hartrey and Baldwin [2003] 1 Cr App R 28

PARTIES: Regina
Foad Ali SOLAIMAN

FILE NUMBER(S): 06/11/1035

COUNSEL: Crown: Mr B Rowe
Defence: Mr J Fliece

SOLICITORS: Crown: Ms A Collins
Defence: Ms C Lee

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JUDGMENT

1 A non-publication order has been made in relation to the name of the victim and the name of her husband as those names would tend to identify the victim. They will be referred to respectively in these remarks as SI being the victim and PS being the victim’s present husband.

2 On 4 December 2007 the offender was convicted following a trial before a jury on the following count, that between 14 August 2000 and about 30 September 2000 at Banksia in the State of New South Wales did by threat, procure SI for the purposes of prostitution.

3 Pursuant to s 91B of the Crimes Act the maximum penalty for this offence is ten years imprisonment.

4 The offender was…

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 Foad Ali SOLAIMAN

Details

AGLC: R v Foad Ali Solaiman [2008] NSWDC 53
Case: [2008] NSWDC 53
Decision Date: 20 March 2008

CaseChat Overview and Summary

In the case of R v Foad Ali Solaiman, the offender was convicted for procuring for prostitution by threat. The victim in this case was the offender's wife, who was fearful of him. The offender was sentenced by the court, which had to consider several legal issues in determining the appropriate sentence. These issues included the nature of the offence, the impact of the offence on the victim, the offender's character, and the risk of recidivism. The court also had to consider the impact of the sentence on the offender's dependents and the need for general deterrence.

The court found that the offence was serious, given that the offender had procured his wife for prostitution by threat, which demonstrated a significant breach of trust. The victim was also considered to be a vulnerable person, and the offender's actions had a significant impact on her. The court noted that the offender had limited criminal history, was of good character, and was at a low risk of reoffending. However, the court also noted that the offence was in the mid-range of criminality, and that there was a need for general deterrence.

After considering all of the factors, the court sentenced the offender to a term of three years imprisonment, backdated to commence on 4 December 2007 and to expire on 3 December 2010. The non-parole period was set at two years, to expire on 3 December 2009. The court also set conditions for the offender's parole, including that he be of good behaviour, comply with any directions from the Probation and Parole Service, and attend any programs that may be recommended to address his depression and other issues. Overall, the court's decision was based on a careful consideration of the relevant legal issues and the circumstances of the case.

Orders

Orders of the court

I formally convict you in relation to the offence of procuring for prostitution by threat. You are sentenced to a total term of three years imprisonment backdated to commence on 4 December 2007 and to expire on 3 December 2010 with a non parole period of two years imprisonment to expire on 3 December 2009. It will be a term of your parole that you be of good behaviour and that you comply with such directions and attend such programs to which you may be directed by the Probation and Parole Service, including any monitoring of your domestic situation and any assessment of the depression you are said to be suffering as well as such psychotherapy as may be recommended on the basis of the matters set out in the reports of Dr Roberts and the report to which he refers of Dr Younan.

Background

Background to the litigation

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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.

CITATION:	R v Foad Ali SOLAIMAN [2008] NSWDC 53
HEARING DATE(S):	08/02/08; 15/02/08; 20/03/08
JUDGMENT DATE:	20 March 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Knox SC DCJ
DECISION:	I formally convict you in relation to the offence of procuring for prostitution by threat. You are sentenced to a total term of three years imprisonment backdated to commence on 4 December 2007 and to expire on 3 December 2010 with a non parole period of two years imprisonment to expire on 3 December 2009. It will be a term of your parole that you be of good behaviour and that you comply with such directions and attend such programs to which you may be directed by the Probation and Parole Service, including any monitoring of your domestic situation and any assessment of the depression you are said to be suffering as well as such psychotherapy as may be recommended on the basis of the matters set out in the reports of Dr Roberts and the report to which he refers of Dr Younan.
CATCHWORDS:	procure by threat for the purpose of prostitution - victim fearful of the offender - victim is offender's wife - victim impact statement - breach of trust - victim was a vulnerable person - limited degree of planning - no record of previous conditions - person of good character - low risk of recidivism - hardship to dependents - mid-range of criminality - general deterrence - special circumstances
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v MAK [2005] NSWCCA 369 R v Edwards (1996) 90 A CrimR 510 R v Sarca (NSWCCA 11 May 1993 unreported) T (1989) 47 A CrimR 29 Burrell [2000] NSWCCA 207 Wirth (1976) 14 SASR 291 R v X [2004] NSWCCA 93 R v Girard [2004] NSWCCA 170 R v Wei Tang [2007] VSCA 134 R v Broadfoot [1976] 3All ER 753 R v Brown [1984] 1WLR 1211 R v Morris Lowe [1985] 1 WLR 29 R v Gosling [2005] EWCA Crim 3300 R v Oliver, Hartrey and Baldwin [2003] 1 Cr App R 28
PARTIES:	Regina Foad Ali SOLAIMAN
FILE NUMBER(S):	06/11/1035
COUNSEL:	Crown: Mr B Rowe Defence: Mr J Fliece
SOLICITORS:	Crown: Ms A Collins Defence: Ms C Lee