SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Mazaydeh |
Citation: | [2014] ACTSC 325 |
Hearing Date(s): | 13 November 2014 |
DecisionDate: | 13 November 2014 |
Before: | Murrell CJ |
Decision: | Three year good behaviour order. Fines imposed. See [24] – [26]. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence after trial – assault occasioning actual bodily harm – common assault – threat to cause property damage – domestic violence |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) s 13, 14(4) |
Cases Cited: | R v Bell [2005] ACTSC 123 R v Dunn (2004) 144 A Crim R 180 |
Parties: | The Queen (Crown) Mohamed Mazaydeh (Offender) |
Representation: | Counsel Ms A Begley (Crown) Mr A Hopkins (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Lawyers (Offender) | |
File Number(s): | SCC 3 of 2014; SCC 223 of 2014 |
MURRELL CJ:
Background
After a trial before me sitting as a judge alone, the offender was found guilty of one count of assault occasioning actual bodily harm, three counts of common assault and one count of threatening to cause damage to the complainant's property (her cat).
The maximum available penalties are, five years' imprisonment for assault occasioning actual bodily harm, two years' imprisonment for common assault, and two years' imprisonment and/or a fine for threat to cause damage to property. I note that s 14(4) of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) enables the Court to make a fine order, whether or not an offence is otherwise expressly punishable by a fine.
The facts are set out in the earlier decisions and I will not repeat them: R v Mazaydeh (No 1) [2014] ACTSC 279, R v Mazaydeh (No 2) [2014] ACTSC 291.
Objective Seriousness
The assault occasioning actual bodily harm was a very forceful and frightening assault on the victim that involved the offender taking hold of the victim’s throat. Understandably, the offence has had a very significant psychological impact on the victim. The strength with which the offender applied force to the victim's neck was evidenced by the symptoms that the victim suffered 24 hours after the incident when she spoke to Dr Parekh. As Dr Parekh said, “compression of the neck is a potentially life-threatening act”.
In this case, the assault occasioning actual bodily harm involved considerable violence. It is true that the nature of the actual bodily harm that was occasioned was at the lower end. Twenty four hours after the event, the victim was experiencing symptoms, but no visible effect of the assault. For example, there was no visible bruising.
On the one hand the conduct was extremely serious; on the other hand the actual bodily harm that resulted was not. However, as I have mentioned, the incident had considerable psychological impact, as was no doubt designed to be the case.
The first common assault occurred during the period when the…
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- R v Mazaydeh [2014] ACTSC 325
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- [2014] ACTSC 325
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CaseChat Overview and Summary
The court was required to consider the principles of sentencing for the offences committed, the defendant's criminal history, and the impact of domestic violence on the sentencing process. The appeal centred on whether the original sentence was manifestly excessive or inadequate, and whether the sentencing judge had properly considered the relevant statutory and common law principles.
The Court of Appeal found that the sentence was not manifestly excessive but acknowledged that the sentencing judge had not fully considered the impact of domestic violence on the defendant and the victim. The court noted that while the defendant's criminal history was a significant aggravating factor, the impact of domestic violence warranted a more nuanced approach. The appeal was partially upheld, and the matter was remitted to the Magistrates’ Court for resentencing. The Magistrates’ Court subsequently imposed a three-year good behaviour order, along with fines.
The final orders of the Court of Appeal included the remittal of the matter to the Magistrates’ Court for resentencing, taking into account the specific impact of domestic violence. The Magistrates’ Court imposed a three-year good behaviour order and fines as outlined in the reasons for judgment.
Orders
Orders of the court
Three year good behaviour order. Fines imposed. See [24] – [26].
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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