R v Moh’d [2024] NSWDC 522

District Court New South Wales

Medium Neutral Citation: R v Moh'd [2024] NSWDC 522 Hearing dates: 9/7/24-6/8/24, 27/9/24 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 5 years 2 months with a NPP of 3 years 6 months (5/8/24-4/2/28). I find special circumstances. Indicative sentences: Count 1 – 12 months with NPP 8 months Count 2 – 18 months with NPP 12 months Count 5 – 4 years 2 months with NPP 33 months Count 6 – 12 months with NPP 8 months. Catchwords: Crime – Sentence - Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Commonwealth DPP v De La Rosa (2010) 79 NSWLR 1 Mohindra v R [2020] NSWCCA 340 MRW v R [2011] NSWCCA 260 Category: Sentence Parties: NSW DPP – Crown Ali Moh'd - Offender Representation: Ms S Beaumont for Crown Ms L Barnes for Offender File Number(s): 22/93559 Publication restriction: Statutory non-publication in relation to the identities of the victims

remarks on sentence 1. The offender, Mr Ali Moh'd, stood trial before a jury between 8 July and 6 August 2024 on an indictment containing eight counts. On that latter date, the jury found him guilty of counts 1, 4, 5 and 6 but not guilty of the remainder. 2. The offences for which he is therefore to be sentenced involve three counts of aggravated sexual touching. Those being counts 1, 4 and 6. Each of those are offences under s 61KD(1)(a) of the Crimes Act 1900 and each of them carry a maximum penalty of seven years imprisonment and each of them have specified a standard non-parole period of five years. Furthermore, there is count number 5 which is an offence under s 61J(1) of the Crimes Act being an offence of aggravated sexual assault. And, of course, in the case of all of the offences, they involve a circumstance of aggravation, that being that the victim in each case was under the authority of the offender. In the count 5 offence, the maximum penalty specified is 20 years imprisonment and a standard non-parole period is specified of ten years. 3. The maximum penalty and the standard non-parole periods are, of course, important guideposts or yardsticks in the sentencing exercise to which I must have and have had regard.