R v Alameddine [2023] NSWDC 299

District Court New South Wales

Medium Neutral Citation: R v Alameddine [2023] NSWDC 299 Hearing dates: 20 July 2023 Decision date: 04 August 2023 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: 1. The offender is convicted on both offences. 2. The indicative sentences, each reduced by 25% to acknowledge the timing of the pleas are: Sequence 2, attempt sexual intercourse, taking into account the further offence on the form 1: 3 years and 4 months imprisonment; Sequence 4, forcible abduction: 3 years imprisonment 3. The sentence imposed is an aggregate sentence of 3 years and 6 months imprisonment with a non–parole period of 1 year and 9 months to date from 28 July 2023 to take into account the 7 days presentence custody. This sentence will expire on 27 January 2027. Eligibility for parole arises on 27 April 2025. This variation to the statutory ratio to 50% gives effect to a finding of special circumstances. Catchwords: SENTENCING — Penalties — Imprisonment – attempt sexual intercourse without consent - Forcible abduction of a woman with intent to carnally know – relevant factor – delay – remorse – limited risk of reoffending – family hardship – significant impact to children Legislation Cited: Ss.61I; 61L, 61P, 89 Crimes Act 1900 (NSW) Ss.67(1), 67(2) Crimes [Sentencing Procedure] Act 1999 (NSW) Cases Cited: R v Todd [1982] 2 NSWLR 517 Jackson v R [2023] NSWCCA 121 R v KH [2022] NSWDC 706 R v Heyward [2020] NSWDC 248 Category: Sentence Parties: R; Azam Alameddine Representation: Counsel: Crown: Mr J Sfinas Defence: Mr S Buchen SC File Number(s): 2021/303849 Publication restriction: Non-publication order re complainant's identity and/or anything that may identify them