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New South Wales |
Case Name: | R v Mikhaiel |
Medium Neutral Citation: | [2025] NSWDC 453 |
Hearing Date(s): | 3 October 2025 |
Date of Orders: | 3 October 2025 |
Decision Date: | 3 October 2025 |
Jurisdiction: | Criminal |
Before: | Haesler SC DCJ |
Decision: | Aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 3 years |
Catchwords: | CRIME — Sexual offences — Aggravated sexual assault — Victim <16 years — Victim under authority — Sexually touch without consent |
Legislation Cited: | Bail Act 2013 (NSW) |
Cases Cited: | Blackman and Walters [2001] NSWCCA 121 |
Category: | Sentence |
Parties: | Magda Fawzi Mikhaiel (the offender) |
Representation: | Counsel: |
File Number(s): | 2022/381345 |
Publication Restriction: | Pseudonyms have been used for the name of the child complainant. Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW), there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child. Identifying information has been removed from this version of the judgment to comply with the statute. |
JUDGMENT – EX TEMPORE REVISED
Introduction
On 23 May 2025, after a ten day trial, a jury found Magda Mikhaiel guilty of four counts relating…
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- AGLC
- R v Mikhaiel [2025] NSWDC 453
- Case
- [2025] NSWDC 453
- Decision Date
CaseChat Overview and Summary
The court assessed the gravity of the offence, recognising the severe nature of aggravated sexual assault and the need to protect society. It considered the multiple offences committed by the offender and the necessity for an aggregate sentence that reflected the cumulative impact of these crimes. The court also balanced these factors against the subjective circumstances of the offender, such as their age, first-time status in custody, potential mental health issues, and the support they would receive from their family. The court determined that a sentence of 5 years and 6 months with a non-parole period of 3 years would appropriately address the objectives of punishment and deterrence while considering the offender's individual circumstances.
The court ultimately concluded that the aggregate sentence was proportionate to the crimes committed, taking into account both the objective seriousness and the subjective factors. The decision underscored the importance of a balanced approach in sentencing that considers both the needs of justice and the individual circumstances of the offender. The final orders mandated that the offender serve a total imprisonment term of 5 years and 6 months, with a non-parole period of 3 years, reflecting the court's comprehensive evaluation of the case.
Orders
Orders of the court
Aggregate sentence of imprisonment of 5 years 6 months with a non-parole period of 3 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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