R v Khosravi, Alborz - [2008] NSWDC 298

CITATION: R v Khosravi, Alborz [2008] NSWDC 298

HEARING DATE(S): 13/06/08

JUDGMENT DATE:
10 December 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Hinder police in their investigation:
Convicted.
Sentenced to a fixed term of imprisonment of 3 months to date from the 14th November 2006 and to expire on the 13th February 2007.
Affray:
Convicted.
Sentenced to a fixed term of imprisonment of 18 months to date from the 14th of December 2006 and expire on the 13th June 2008.
Maliciously inflict gbh:
Convicted.
Sentenced to a non- parole period of 3 years and 9 months to commence on the 14th June 2007 and expire on the 13th March 2011, the balance of term of 3 years expiring on the 13 March 2014.

CATCHWORDS: Criminal Law - sentence - standard non parole offence - maliciously inflict GBH with intent to inflict GBH - affray - requesting co-offenders to hinder investigations by giving false information - teenage party at hom of absent parents - uninvited guests chased by victim afdter fracas - affray focused on victim - victim left on ground by co-offenders - offender inflicts 40cm wound on victim's back - use of broken bottle to inflict wound - GBH intended was GBH achieved - offender effected by alcohol - post offence offender incites co-offenders to give false alibi for offender to police - criminality of hinder police assessed - criminality of affray assessed - maliciously inflict GBH with intent fals in mind range of objective seriousness - plea of guilty - reasonable subjectives - offence commited whilst on s.9 bond - contrite.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act

CASES CITED: R v Buttsworth [1983] 1 NSWLR 658
The Queen v Way(2004) 60 NSWLR 168
Hearne 124 A.crim.R. 451 at [24]

PARTIES: Regina
Alborz Khosravi

FILE NUMBER(S): 2008/21/0028

COUNSEL: Crown: P. Thompson
Defence: Adam Williams.

1. Generalisations are of limited value. Nonetheless there is much truth in the proposition that young males aged between fifteen and twenty-five are in more danger from themselves and other young men than at any other time in their lives. That danger is enhanced when alcohol and/or drugs are present. Research shows that the executive functions of the brain of eighteen and twenty-five year old males are still developing. Although that evidence is not formally before me, it is well known in the community. Consequently, alcohol, drugs and passion impair the judgment of young men to a greater degree than the same ingredients are likely to do with more mature males.

2. In this case, two young men, one a victim the other an offender, illustrate the reality of that generalisation. The victim, Matthew Reynolds, had left the relative security of a party to pursue a number of uninvited party intruders, he says, to inquire if any of them were responsible for hitting him with a beer bottle. The accused, initially as part of a group and then subsequently on his own, assaulted Reynolds in circumstances that I will return to. As a…

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 Khosravi, Alborz

Details

AGLC: R v Khosravi, Alborz [2008] NSWDC 298
Case: [2008] NSWDC 298
Decision Date: 10 December 2008

CaseChat Overview and Summary

Alborz Khosravi was convicted of, among other things, maliciously inflicting grievous bodily harm (GBH) with intent, affray, and hindering police in their investigation. The case was heard in a court of law in Australia. The offender was one of several individuals present at a teenage party that took place at the home of the offender's absent parents. During the party, the offender and others chased uninvited guests who had been asked to leave. The victim was the focus of the affray, and the offender inflicted a significant wound on the victim's back using a broken bottle. The offender had consumed alcohol at the time of the offence, which may have affected their judgment.

The legal issues that the court had to decide included whether the offender's actions constituted hindering police in their investigation, whether the affray offence had been committed, and whether the grievous bodily harm offence was maliciously inflicted with intent. The court found that the offender had incited their co-offenders to give false information to the police, which constituted hindering police in their investigation. The court also found that the affray offence had been committed, as the offender and others had engaged in a fight that caused fear in the victim. Finally, the court found that the grievous bodily harm offence had been maliciously inflicted with intent, as the offender had intended to cause harm to the victim.

The court's reasoning and outcome were based on the evidence presented in the case and the relevant legal principles. The court found that the offender's actions had objectively caused serious harm to the victim, and that the offender had subjectively intended to cause harm. The court also considered the offender's age, their contrition, and the fact that the offence was committed while the offender was on bond. The court sentenced the offender to a fixed term of imprisonment for hindering police in their investigation, a fixed term of imprisonment for affray, and a non-parole period of imprisonment for maliciously inflicting grievous bodily harm with intent. The balance of the term for the grievous bodily harm offence will expire on the 13th March 2014.

Orders

Orders of the court

Hinder police in their investigation:

Convicted.

Sentenced to a fixed term of imprisonment of 3 months to date from the 14th November 2006 and to expire on the 13th February 2007.

Affray:

Convicted.

Sentenced to a fixed term of imprisonment of 18 months to date from the 14th of December 2006 and expire on the 13th June 2008.

Maliciously inflict gbh:

Convicted.

Sentenced to a non- parole period of 3 years and 9 months to commence on the 14th June 2007 and expire on the 13th March 2011, the balance of term of 3 years expiring on the 13 March 2014.

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.

CITATION:	R v Khosravi, Alborz [2008] NSWDC 298
HEARING DATE(S):	13/06/08
JUDGMENT DATE:	10 December 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Hinder police in their investigation: Convicted. Sentenced to a fixed term of imprisonment of 3 months to date from the 14th November 2006 and to expire on the 13th February 2007. Affray: Convicted. Sentenced to a fixed term of imprisonment of 18 months to date from the 14th of December 2006 and expire on the 13th June 2008. Maliciously inflict gbh: Convicted. Sentenced to a non- parole period of 3 years and 9 months to commence on the 14th June 2007 and expire on the 13th March 2011, the balance of term of 3 years expiring on the 13 March 2014.
CATCHWORDS:	Criminal Law - sentence - standard non parole offence - maliciously inflict GBH with intent to inflict GBH - affray - requesting co-offenders to hinder investigations by giving false information - teenage party at hom of absent parents - uninvited guests chased by victim afdter fracas - affray focused on victim - victim left on ground by co-offenders - offender inflicts 40cm wound on victim's back - use of broken bottle to inflict wound - GBH intended was GBH achieved - offender effected by alcohol - post offence offender incites co-offenders to give false alibi for offender to police - criminality of hinder police assessed - criminality of affray assessed - maliciously inflict GBH with intent fals in mind range of objective seriousness - plea of guilty - reasonable subjectives - offence commited whilst on s.9 bond - contrite.
LEGISLATION CITED:	Crimes (Sentencing Procedure) Act
CASES CITED:	R v Buttsworth [1983] 1 NSWLR 658 The Queen v Way(2004) 60 NSWLR 168 Hearne 124 A.crim.R. 451 at [24]
PARTIES:	Regina Alborz Khosravi
FILE NUMBER(S):	2008/21/0028
COUNSEL:	Crown: P. Thompson Defence: Adam Williams.