District Court
New South Wales
Medium Neutral Citation: R v Youkhana [2015] NSWDC 314 Hearing dates: 11 December 2015 Date of orders: 11 December 2015 Decision date: 11 December 2015 Jurisdiction: Criminal Before: Knox SC DCJ Decision: Term of imprisonment of 12 years
Non-parole period of 7 years and 6 months
Catchwords: CRIMINAL LAW - sentence - cause grievous bodily harm with intent - victim was child of the offender - vulnerability of victim - offender in position of trust - prior conduct - matters on s 166 certificate - breach of good behaviour bond Legislation Cited: Crimes Act 1900 (NSW), s 33 Cases Cited: Cheung v R (2001) 209 CLR 1; [2001] HCA 67
Heron v R [2006] NSWCCA 215
Josefski v R [2010] NSWCCA 41
R v Hill [2014] NSWSC 1010
R v JCW [2000] NSWCCA 209
R v Lolesio [2014] NSWCCA 219
R v Luu (unrep, 12 March 1998, NSWCCA)
R v Mitchell, R v Gallagher [2007] NSWCCA 296
R v Olbrich [1999] HCA 54
R v Pitcher (unrep, 19 February 1996, NSWCCA)
R v Ross Martin (unrep, 6 May 2011, NSWDC)
R v Williams (2004) 148 A Crim R 325
R v Zhang [2004] NSWCCA 358Category: Sentence Parties: Director of Public Prosecutions (NSW)
Linda YoukhanaRepresentation: Counsel:
Solicitors:
Ms H Roberts (Crown)
Ms J Layani Ellis (Offender)
Office of the DPP
Jack Rigg Solicitors (Offender)
File Number(s): 2013/229779
Sentence
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The offender, Linda Youkhana, was found guilty by a jury following a trial on a charge of intentionally causing grievous bodily harm.
Between 30 March 2013 and 2 April 2013 at Smithfield in the State of New South Wales caused grievous bodily harm to ‘A’ with intent to cause grievous bodily harm.
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The charge was brought pursuant to s 33(1)(b) of the Crimes Act 1900 (NSW). The maximum penalty for that offence is 25 years imprisonment. A standard non parole period of 7 years has been established for that offence.
Offender’s background
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The offender, Linda Youkhana ('Ms Youkhana')is the mother of the victim, ‘A’. She moved to Australia from Iraq in 2004, at the age of 19.
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The offender has two other children, JY, now aged 9,and AY, now aged 5. At the time of the alleged incident, the victim, A, was aged two.
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The offender is 30 years of age (born on 15 September 1985).
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At the time of the offence, the offender was married to Benyamin Youkhana. He is not the biological father of A or of AY. That was not known to him at the time of the incident. Her marriage to Benyamin Youkhana took place in Australia when she, the offender, was aged 18. It was an arranged marriage. The Pre-Sentence Report simply states that her relationship with Benyamin ceased in 2013 as a result of infidelity and that they subsequently divorced in 2015.
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Also living in the home at the relevant time was the maternal grandmother (Faha Suleiman) of the child and mother of…
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- AGLC
- R v Youkhana [2015] NSWDC 314
- Case
- [2015] NSWDC 314
- Decision Date
CaseChat Overview and Summary
The court faced the challenge of determining an appropriate sentence, considering the aggravating factors such as the relationship between the offender and the victim, the breach of trust, and the prior conduct. The legal issues included the extent to which the court could consider the personal circumstances of the offender, the principles of sentencing for offences of this nature, and the impact of the breach of a good behaviour bond on the sentencing decision. The court also had to evaluate the relevance of the matters listed on the s 166 certificate, which included prior convictions and the offender's history.
In delivering the sentence, the court weighed the gravity of the offence and the breach of trust involved. The court found that the offender's actions demonstrated a significant level of premeditation and a severe breach of the trust placed in him as a caregiver. The court also considered the breach of the good behaviour bond, which indicated a disregard for previous court orders. The court concluded that a custodial sentence was necessary to adequately address the seriousness of the crime, provide protection to the community, and deter future similar offences. The sentence of 12 years with a non-parole period of 7 years and 6 months was imposed, reflecting the need for both punishment and deterrence.
Orders
Orders of the court
Term of imprisonment of 12 years
Non-parole period of 7 years and 6 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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