District Court
New South Wales
Medium Neutral Citation: R v Kassouh [2024] NSWDC 441 Hearing dates: 20 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 4 years 6 months imprisonment with a non-parole period of 2 years 8 months
Catchwords: CRIME — Domestic violence — Stalking or intimidation — Break, enter and commit serious indictable offence — Circumstances of aggravation
CRIME — Violent offences — Assault occasioning actual bodily harm — Detain for advantage — Choking without consent — Use offensive weapon to commit indictable offence
CRIME — Violent offences — Back up offence — Robbery — Not guilty
CRIME — Violent offences — Common assault — Finding of guilt
CRIME — Domestic violence — Breach of Apprehended Domestic Violence Orders — Finding of guilt — Back up offence
TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Driving recklessly furiously — Back up offence withdrawn and dismissed
SENTENCING — Aggravating factors — Presence of children — Record of previous convictions — Breach of Apprehended Domestic Orders
SENTENCING — Guidelines for sentencing
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Deterrence — General deterrence — Objective seriousness — Purposes of sentencing — Moral culpability
SENTENCING — Sentencing procedure — Sentence after trial — Instinctive synthesis — Assistance in the facilitation of trial procedure
SENTENCING — Subjective considerations on sentence — Acquired Brian injury — Mental Health Disorders —Adjustment Disorder — Drug addition — Harsh discipline in childhood
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Evidence Act 1995 (NSW)
Cases Cited: Browning v R [2015] NSWCCA 147
Christov v R [2009] NSWCCA 168
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Engert v R (1995) 84 A Crim R 67
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
Osland v The Queen [1998] HCA 75; (1998) 197 CLR 316
Paterson v R [2021] NSWCCA 273
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
Queen v Pham [2015] HCA 59; (2015) 256 CLR 550
R v MAK; R v MSK [2006] NSWCCA 381 (2006) 167 A Crim R 159
Texts Cited: W Wan, S Poynton and D Weatherburn, “Does…
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- AGLC
- R v Kassouh [2024] NSWDC 441
- Case
- [2024] NSWDC 441
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were the assessment of the appellant's criminal conduct, the evaluation of aggravating factors, and the imposition of an appropriate sentence. The court had to consider the nature and severity of the crimes, the appellant's criminal history, and the presence of any mitigating factors. In assessing the appellant's culpability, the court examined the circumstances of the offences, including the presence of children, the appellant's breach of Apprehended Domestic Violence Orders, and the appellant's record of previous convictions. Additionally, the court had to consider the subjective factors, such as the appellant's acquired brain injury, mental health disorders, drug addiction, and harsh discipline in childhood, in determining the appropriate sentence.
In delivering its judgment, the court found the appellant guilty of stalking or intimidation, assault occasioning actual bodily harm, detaining for advantage, and breaching Apprehended Domestic Violence Orders. The court also found the appellant not guilty of robbery and dismissed the charge of reckless driving. In determining the sentence, the court considered the objective seriousness of the offences, the need for general deterrence, and the purposes of sentencing. The court acknowledged the appellant's personal circumstances but ultimately found that the aggravating factors outweighed the mitigating factors. The court imposed an aggregate imprisonment sentence of 4 years and 6 months, with a non-parole period of 2 years and 8 months. The court considered this sentence to be appropriate given the nature and severity of the crimes, the appellant's criminal history, and the need to protect the community.
Orders
Orders of the court
Aggregate imprisonment sentence of 4 years 6 months imprisonment with a non-parole period of 2 years 8 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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