R v Moh'd

[2024] NSWDC 522

District Court

New South Wales

Medium Neutral Citation:

R v Moh’d [2024] NSWDC 522

Hearing dates:

9/7/24-6/8/24, 27/9/24

Date of orders:

27 September 2024

Decision date:

27 September 2024

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate term of imprisonment of 5 years 2 months with a NPP of 3 years 6 months (5/8/24-4/2/28). I find special circumstances.

Indicative sentences:

Count 1 – 12 months with NPP 8 months

Count 2 – 18 months with NPP 12 months

Count 5 – 4 years 2 months with NPP 33 months

Count 6 – 12 months with NPP 8 months.

Catchwords:

Crime – Sentence -

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Commonwealth DPP v De La Rosa (2010) 79 NSWLR 1

Mohindra v R [2020] NSWCCA 340

MRW v R [2011] NSWCCA 260

Category:

Sentence

Parties:

NSW DPP – Crown
Ali Moh’d - Offender

Representation:

Ms S Beaumont for Crown
Ms L Barnes for Offender

File Number(s):

22/93559

Publication restriction:

Statutory non-publication in relation to the identities of the victims

remarks on sentence

1. The offender, Mr Ali Moh’d, stood trial before a jury between 8 July and 6 August 2024 on an indictment containing eight counts. On that latter date, the jury found him guilty of counts 1, 4, 5 and 6 but not guilty of the remainder.

2. The offences for which he is therefore to be sentenced involve three counts of aggravated sexual touching. Those being counts 1, 4 and 6. Each of those are offences under s 61KD(1)(a) of the Crimes Act 1900 and each of them carry a maximum penalty of seven years imprisonment and each of them have specified a standard non-parole period of five years. Furthermore, there is count number 5 which is an offence under s 61J(1) of the Crimes Act being an offence of aggravated sexual assault. And, of course, in the case of all of the offences, they involve a circumstance of aggravation, that being that the victim in each case was under the authority of the offender. In the count 5 offence, the maximum penalty specified is 20 years imprisonment and a standard non-parole period is specified of ten years.

3. The maximum penalty and the standard non-parole periods are, of course, important guideposts or yardsticks in the sentencing exercise to which I must have and have had regard.

FACTS

4. Turning then to factual matters. The facts for the purposes of sentence are to be determined by myself but must be consistent with the verdicts of the jury. Any matters of aggravation must be proved beyond reasonable doubt. However, matters in mitigation need only be proved on the balance of probabilities.

5. I find the following facts. The offender was at all relevant times a nurse. At the time of the offences, he was employed as a Clinical Nurse Specialist and worked at Nepean Private Hospital and Norwest Private Hospital and generally worked in the intensive care and coronary care areas.

6. The count 1…