R v Shafaq [2022] NSWDC 639

District Court New South Wales

Medium Neutral Citation: R v Shafaq [2022] NSWDC 639 Hearing dates: Thursday 3 March 2022 Date of orders: Thursday 3 March 2022 Decision date: 03 March 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. The offender is convicted. 2. Sentenced to a term of imprisonment with a non-parole period of 2 years and 9 months and with parole thereafter of 21 months, giving rise to an overall term of imprisonment of 4 years and 6 months. Catchwords: CRIME — Violent offences — Wound with intent to cause grievous bodily harm — Maximum penalty of 25 years imprisonment — Early plea of guilty Local Court to one charge — Victim was the new partner of offender's ex-partner — Offender under the influence of drugs during commission of the offence — Offence committed out of jealously — Some planning involved but not extensive planning — Broken glass bottle used as weapon — Victim suffered wound to scalp and neck — Injuries caused to victim serious but unlikely to cause long-lasting damage — Objective seriousness of offending is in the middle of, or slightly below, the range — Offender has prior criminal record but largely consists of driving offences — Criminal record not an aggravating factor — Evidence of offenders' remorse is not strong — Prospects of rehabilitation positively impacted by family support. Legislation Cited: Crimes Act 1900 (NSW): s 33(1)(a). Category: Sentence Parties: Regina (The Crown) Mehdi Shafaq (The Offender) Representation: Solicitors: Ms. S. Shrub (The Crown) Ms. R. Mayne (The Offender) Counsel: Mr. L. Brasch (The Offender) File Number(s): 2021/00056884