District Court
New South Wales
Medium Neutral Citation: R v Fouad [2023] NSWDC 385 Hearing dates: 25 August 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Non-custodial sentence imposed. For orders see [117]-[120].
Catchwords: CRIME – multiple offences – aggravated indecent assault – aggravated sexual touching without consent – intentionally sexually touch child between 10 and 16 years – aggravating factor under authority.
Legislation Cited: Crimes Act 1900
Cases Cited: Brzozowski v R [2023] NSWCCA 129
Can v R [2023] NSWCCA 179
Geraghty v R [2023] NSWCCA 47
Kearsley v R [2017] NSWCCA 28
R v Arvind (unreported) NSWCCA, 8 March 1996
R v Ibrahim [2021] NSWCCA 296
Category: Sentence Parties: Director of Public Prosecution (Crown)
Bassem Magdy Fouad (Offender)Representation: Counsel:
Solicitors:
Mr J Clarke (Offender)
Mr D Noll (Trial Advocate for the Crown)
Ms S Angelovski (Instructing Solicitor for Offender)
Mr T Sawyers (Instructing Solicitor for Crown)
File Number(s): 2022/286527 & 2021/169313 Publication restriction: Section 578A of the Crimes Act 1900 and s15A of the Children (Criminal Proceedings) Act 1987 apply so as to prohibit the publication of any material which may identify or is likely to lead to the identification of the complainants in the proceedings.
remarks on sentence
-
On 7 March 2023 the offender pleaded not guilty upon arraignment on an Indictment containing nine counts.
-
On 23 March 2023 the jury found the offender guilty on Counts 1 to 3 and Counts 5 to 9. Verdicts of not guilty were entered on Count 4 and the statutory alternative to that count.
-
The offender is therefore to be sentenced in respect of the following offences:-
Count 1 - aggravated indecent assault on PS, an offence pursuant to s61M(1) of the Crimes Act 1900.
The maximum penalty prescribed for this offence is 7 years imprisonment with a standard non-parole period of 5 years.
Count 2 – aggravated indecent assault on HS, an offence pursuant to s61M(1) of the Crimes Act 1900.
The maximum penalty prescribed for this offence is 7 years imprisonment with a standard non-parole period of 5 years.
Count 3 – aggravated indecent assault on HS, an offence pursuant to s61M(1) of the Crimes Act 1900.
The maximum penalty prescribed for this offence is 7 years imprisonment with a standard non-parole period of 5 years.
Count 5 – aggravated sexual touching without consent (person under authority), an offence pursuant to s61KD(1)(a) of the Crimes Act 1900.
The maximum penalty prescribed for this offence is 7 years imprisonment with a standard non-parole period of 5 years.
Count 6 – aggravated sexual touching without consent (person under authority), an offence pursuant to s61KD(1)(a) of the Crimes Act 1900.
The maximum penalty prescribed for this offence is 7 years imprisonment with a standard non-parole period of 5 years.
Count 7 – aggravated sexual touching without consent (person under authority), an offence pursuant to s61KD(1)(a) of the Crimes Act 1900.
The maximum penalty prescribed…
Continue reading R v Fouad
Sign in free to access the full text
- AGLC
- R v Fouad [2023] NSWDC 385
- Case
- [2023] NSWDC 385
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were the interpretation and application of the statutory provisions related to aggravated indecent assault and the sentencing principles applicable to such offences. The court needed to determine the weight to be given to the aggravating factor of authority in the sentencing process. Additionally, the court was tasked with balancing the principles of deterrence, denunciation, and rehabilitation in imposing an appropriate sentence.
In delivering the judgment, the court carefully considered the nature and circumstances of the offences, the impact on the victim, and the principles of sentencing. The court found that while the offences were serious, the defendant's lack of a criminal record and his cooperation with authorities warranted consideration of a non-custodial sentence. The court emphasised the importance of rehabilitation and deterrence, ultimately imposing a non-custodial sentence. The specific details of the sentence, including community service and supervision orders, were outlined in the judgment from [117] to [120].
Orders
Orders of the court
Non-custodial sentence imposed. For orders see [117]-[120].
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.