R v Kashif Bilal - [2011] NSWDC 76

District Court

New South Wales

Medium Neutral Citation: R v Kashif BILAL [2011] NSWDC 76
Decision date: 01 July 2011
Jurisdiction: Criminal
Before: Cogswell SC DCJ
Decision:
In respect of the offence of attempted sexual intercourse without consent, a fixed term of 5 years imprisonment. In respect of the offence of indecent assault, a fixed term of 2 years imprisonment. In respect of the offence of solicit to murder a non-parole period of 6 years and balance of the term of 5 years.

Catchwords: CRIMINAL LAW - sentence - attempt sexual intercourse - indecent assault - solicit to murder - no prior convictions - working for insulation company and visited victim's home where sexual offences occurred - remanded in custody and police received information that offender wanted to have victim murdered - undercover police operative authorised to engage in conversation with offender - offender agreed on details of the murder with the undercover operative - evidence from prisoner who was in custody with offender - submission that offender was acting in fear of the prisoner - offender given permanent protection visa in 2008 after deserting from the Pakistani Navy - report from psychologist - plea of guilty entered at earliest opportunity - solicit to murder offence falls in the middle of the range of objective seriousness
Legislation Cited: Crimes Act 1900 s 26, s 61I, s 61L
Cases Cited: R v Louizos [2009] NSWCCA 71
Category: Sentence
Parties: Regina
Kashif Bilal
Representation: Ms H Roberts for the Director of Public Prosecutions
Mr M Paish for Mr Bilal
Ms Summerfield for the Director of Public Prosecutions
Ms Havryliv for Mr Bilal
Mr Sandilands for Mr Bilal (withdrew partway into proceedings)

File Number(s): 2009/230218 2009/329212
Publication restriction: It is an offence to publish the name, or any information that identifies a complainant in certain sexual offence cases.

SENTENCE

1. I am sentencing a relatively young man without any prior convictions for a pair of serious sexual offences committed by him on a teenage girl in her home and for an extraordinarily serious effort by him to then arrange for the victim of his sexual assault to be murdered.

2. It is important for a judge in sentencing any offender to set out briefly what happened which brought about the charges against a person who is being sentenced. Because the victim of the sexual assaults is entitled to have her identity protected I will refer to her simply as the victim.

3. Kashif Bilal, then aged twenty-two, was working for a company that sold and installed housing insulation. On 15 October 2009 he turned up at the victim's home at about twenty to six in the evening. He asked whether he could come inside to look at the roof cavity. The victim told him that he could not do that because she was at home by herself and she was not allowed to let anyone in the house. Mr Bilal said, " Just for five minutes " and he opened the front screen…

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 Kashif Bilal

Details

AGLC: R v Kashif Bilal [2011] NSWDC 76
Case: [2011] NSWDC 76
Decision Date: 01 July 2011

CaseChat Overview and Summary

In the case of R v Kashif Bilal, the appellant faced charges of attempted sexual intercourse without consent, indecent assault, and solicitation to murder. The incidents took place when the appellant, who was employed as an insulation worker, visited a victim's home. The court was tasked with determining an appropriate sentence for the appellant's criminal conduct. Key legal issues included the gravity of the offences, the appellant's background, and his early guilty plea.

The court considered the appellant's criminal history, which included no prior convictions, and his background, which involved desertion from the Pakistani Navy and subsequent granting of a permanent protection visa. The court also examined the appellant's early guilty plea and his conduct in custody, where he had allegedly solicited the murder of the victim. The court gave weight to the appellant's cooperation with authorities and his remorse, as evidenced by a psychologist's report. The court found that the solicitation to murder offence was of significant seriousness, falling in the middle of the range of objective seriousness.

The court concluded that the appellant's offending warranted a sentence that reflected the seriousness of the crimes, while also taking into account mitigating factors such as his early guilty plea and lack of prior convictions. The court imposed a fixed term of 5 years imprisonment for the offence of attempted sexual intercourse without consent, a fixed term of 2 years imprisonment for the offence of indecent assault, and a non-parole period of 6 years for the offence of solicitation to murder, with the balance of the term being 5 years. The sentences for the first two offences were to run concurrently, while the sentence for the solicitation to murder offence was to run consecutively.

Orders

Orders of the court

In respect of the offence of attempted sexual intercourse without consent, a fixed term of 5 years imprisonment. In respect of the offence of indecent assault, a fixed term of 2 years imprisonment. In respect of the offence of solicit to murder a non-parole period of 6 years and balance of the term of 5 years.

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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Medium Neutral Citation:	R v Kashif BILAL [2011] NSWDC 76
Decision date:	01 July 2011
Jurisdiction:	Criminal
Before:	Cogswell SC DCJ
Decision:	In respect of the offence of attempted sexual intercourse without consent, a fixed term of 5 years imprisonment. In respect of the offence of indecent assault, a fixed term of 2 years imprisonment. In respect of the offence of solicit to murder a non-parole period of 6 years and balance of the term of 5 years.
Catchwords:	CRIMINAL LAW - sentence - attempt sexual intercourse - indecent assault - solicit to murder - no prior convictions - working for insulation company and visited victim's home where sexual offences occurred - remanded in custody and police received information that offender wanted to have victim murdered - undercover police operative authorised to engage in conversation with offender - offender agreed on details of the murder with the undercover operative - evidence from prisoner who was in custody with offender - submission that offender was acting in fear of the prisoner - offender given permanent protection visa in 2008 after deserting from the Pakistani Navy - report from psychologist - plea of guilty entered at earliest opportunity - solicit to murder offence falls in the middle of the range of objective seriousness
Legislation Cited:	Crimes Act 1900 s 26, s 61I, s 61L
Cases Cited:	R v Louizos [2009] NSWCCA 71
Category:	Sentence
Parties:	Regina Kashif Bilal
Representation:	Ms H Roberts for the Director of Public Prosecutions Mr M Paish for Mr Bilal Ms Summerfield for the Director of Public Prosecutions Ms Havryliv for Mr Bilal Mr Sandilands for Mr Bilal (withdrew partway into proceedings)
File Number(s):	2009/230218 2009/329212
Publication restriction:	It is an offence to publish the name, or any information that identifies a complainant in certain sexual offence cases.