NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Assaf [2022] NSWDC 466 Hearing dates: 25 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A term of imprisonment of 41 months with a non-parole period of 22 months at [57]. Catchwords: CRIME — Violent offences — Reckless wounding – in company SENTENCING — Aggravating factors — Breach of conditional liberty SENTENCING — Commencement — Pre-sentence custody period SENTENCING — Mitigating factors — Plea of guilty — Remorse SENTENCING — Relevant factors on sentence — Co-offenders — Joint criminal enterprise — Parity — General principles — Maximum penalty — Moral culpability — Objective seriousness SENTENCING — Subjective considerations on sentence — Age of offender — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Daher [2021] NSWDC 739 R v Thomas [2007] NSWCCA 269 R v Qutami (2001) 127 A Crim R 369 Imbornone v The Queen [2017] NSWCCA 144 Bugmy v The Queen (2013) 249 CLR 571 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 R v Postiglione (1991) 24 NSWLR 58 Category: Sentence Parties: Regina (Office of the Director of Public Prosecution)
Ibrahim Assaf (Offender) Representation: Ms I Maxwell-Williams (Solicitor, Office of the Director of Public Prosecutions)
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