R v Issa [2024] NSWDC 555

District Court New South Wales

Medium Neutral Citation: R v Issa [2024] NSWDC 555 Hearing dates: 25/3/24-8/4/24, 5/7/24, 2/8/24, 9/8/24 Date of orders: 9/8/24 Decision date: 09 August 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 2 years 9 months with a NPP of 1 year 8 months (5/1/24-4/9/25). Indicatives: Count 1 Break with intent to commit intimidation – 2 years 6 months with NPP 18 months Count 3 Stalking – 12 months. Catchwords: Crime – Sentence – Break and enter dwelling house and intimidate - Stalking Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1 Ponfield v R (1999) 48 NSWLR 327 Category: Sentence Parties: NSW DPP – Crown Osman Issa - Offender Representation: Mr D Rainey for Crown Mr A Cassels/Mr AJ Karim for Offender File Number(s): 22/257192 Publication restriction: Statutory non-publication of the identity of the victim

remarks on sentence 1. The offender, Mr Osman Issa, stood trial before a jury in a trial presided over by myself from 25 March until 8 April 2024 when the jury found him guilty of counts 1 and 3 on the indictment but not guilty of count 2. He is now to be sentenced in relation to counts 1 and 3. 2. Count 1 is an offence of breaking and entering on 6 August 2022 the dwelling house of the victim, Ms EH, and committing an act of intimidation in circumstance of aggravation. The aggravation being that the offender knew there was a person present in the house. The maximum penalty for that offence is 20 years' imprisonment and a standard non-parole period of five years is specified. 3. Count 3 is an offence that between 15 and 23 August 2022 the offender stalked the complainant with the intention of causing her to fear physical or mental harm. The maximum penalty for that offence is five years' imprisonment. 4. The maximum penalties and, where applicable, standard non-parole period, are guidelines in the sentencing exercise to which I have had appropriate regard.