R v Youseff

[2012] NSWDC 252

District Court

New South Wales

Medium Neutral Citation:

R v Youseff [2012] NSWDC 252

Hearing dates:

25, 26 October 2012

Decision date:

26 October 2012

Before:

Neilson DCJ

Decision:

Wound with intent to cause grievous bodily harm

Sentenced to 6 years and 9 months imprisonment with a non-parole period of 4 years.

Finding of special circumstances and matter on Form 1 taken into account.

Specially aggravated kidnapping

Sentenced to 6 years and 9 months imprisonment with a non-parole period of 4 years.

Finding of special circumstances.

Sentences partially accumulated, with a total head sentence of 7 years and 3 months and a total non-parole period of 4 years and 6 months.

Catchwords:

CRIMINAL LAW - sentence - wounding with intent to cause grievous bodily harm - specially aggravated kidnapping - detain victim for advantage (a psychological gain) whilst in company and occasioning actual bodily harm

Legislation Cited:

Crimes Act 1900 ss 33(1)(a), 86(3)

Cases Cited:

Ayoub and El Masri v R [2000] NSWCCA 196
R v Speechley [2012] NSWCCA 130

Category:

Sentence

Parties:

Regina (Crown)
Nada Vanja Youseff (Offender)

Representation:

Mr J Sfinas (Crown)
Mr A Barber (Offender)

File Number(s):

2011/076478

Judgment

1. Nada Vanja Youseff stands for sentence as a consequence of adhering to two pleas of guilty entered at the earliest available opportunity in the Local Court. The first charge was that on 8 March 2011 at Kingsgrove she did wound Robin McKivatt in an attempt to cause her grievous bodily harm. That is an offence contrary to s 33(1)(a) of the Crimes Act 1900. It is a very serious offence. The maximum penalty is imprisonment for twenty-five years. There is a standard non-parole period of seven years.

1. The court attendance notice for the second offence is one of the most poorly drawn documents that I have seen. With the necessary corrections, the charge was that on 8 March 2011 at Kingsgrove the offender did, without consent, detain Robin McKivatt with the intention of obtaining an advantage, to wit a [psychological] gain, the said Robin McKivatt [having had] occasioned actual bodily harm [to her] during and after being detained, while the said [Nada Vanja Youseff] was in the company of Ali Charbaju. That is an offence contrary to s 86(3) of the Crimes Act 1900. The offence can be shortly described as specially aggravated kidnapping. Again, it is a most serious offence. Parliament has prescribed a maximum penalty of twenty-five years imprisonment. No standard non-parole period has been fixed.

1. In addition, the offender asks me to take into account on a Form 1 in connection with the crime of wounding with intent to cause grievous bodily harm an offence of causing another to take an intoxicating substance. That is alleged to have occurred at the same place and on the same date. That again is a crime which carries a maximum penalty of twenty-five years imprisonment.

1. The facts of the case are disturbing. The victim, Mrs Robin McKivatt, was at the time of the offences fifty-three years old. At…