R v Dabboussi [2020] NSWCCA 111

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Dabboussi [2020] NSWCCA 111 Hearing dates: 17 April 2020 Decision date: 04 June 2020 Before: Bell P at [1]; Davies J at [2] Button J at [3] Decision: (1) Crown appeal allowed. (2) The sentences imposed upon the respondent on 13 December 2019 are quashed. (3) In substitution, the respondent is sentenced for the offence of reckless wounding, taking into account the relevant Form 1, to a non-parole period of 1 year 4 months to commence on 8 January 2019 and expire on 7 May 2020, to be followed by a parole period of 11 months, to expire on 7 April 2021. (4) The respondent is further sentenced for the offence of sexual intercourse without consent, to a non-parole period of 1 year 5 months, to commence on 8 January 2020, and expire on 7 June 2021, to be followed by a parole period of 1 year 5 months to expire on 7 November 2022. (5) The date upon which the respondent is to be released to parole pursuant to these sentences is 7 June 2021. Catchwords: CRIMINAL LAW – Crown appeal against sentence – separate serious offences of sexual intercourse without consent and reckless wounding – head sentence of one offence subsumed in the sentence of the other offence – accumulation of non-parole periods by two months – whether the sentencing judge erred in considering the need for specific deterrence – whether the totality principle was appropriately applied – whether sentences manifestly inadequate – discretion to re-sentence upon finding of error – sentence structure altered with result that total head sentence and total non-parole period increased Legislation Cited: Crimes Act 1900 (NSW), ss 35(4), 61l Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Criminal Appeal Act 1912 (NSW), s 5D Cases Cited: Cahyadi v R [2007] NSWCCA 1 R v Loveridge [2014] NSWCCA 120 Category: Principal judgment Parties: Regina (Appellant) Ahmad Dabboussi (Respondent) Representation: Counsel: D Patch (Appellant) P Lange & AJ Karim (Respondent)