R v Khouri [2024] NSWDC 581

District Court New South Wales

Medium Neutral Citation: R v Khouri [2024] NSWDC 581 Hearing dates: 22 March 2024 Date of orders: 4 April 2024 Decision date: 04 April 2024 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. Offender sentenced to a term of imprisonment of 6 years with a NPP of 3 years. Catchwords: CRIME – sentence – s61I Crimes Act – maximum penalty 14 years imprisonment – 10 day jury trial – aggravated sexual intercourse without consent – serious physical disability – found guilty of statutory alternative OFFENCE – historical sexual offence – 1998 – victim from New Zealand – lived in Australia for 3 months – walking home in the afternoon – pulled into car by offender – victim and offender strangers – victim froze – offender dragged victim to a bush and pinned her to ground – penile vaginal sexual intercourse for less than 10 minutes – ejaculated inside her – offender ran to parked car and drove off – no positive case mounted on offender's behalf COMPLAINT – victim immediately attended Auburn Hospital on foot – SAIK completed – semen and sperm present – no match at the time – victim never made formal police statement before returning to New Zealand – offender gave buccal sample to police for an unrelated matter in October 2020 – DNA matched swab taken in November 1998 OBJECTIVE SERIOUSNESS – slightly above middle range – brazen and spontaneous – minor and transient injuries – victim born without left hand and part of forearm – reject Crown submission that offending aggravated by victim's physical injury – victim gave evidence that she lived life to the full despite her disability – impressive witness who did not seek to embellish – did not accept she was a vulnerable witness SUBJECTIVE CASE – now 45 – married for 19 years with 5 children – constant work history – no criminal convictions at the time – subsequent offending including animal cruelty offences – acknowledged victim's trauma – depression and post-traumatic stress symptoms following incarceration – concerned about his family SENTENCE – rehabilitation – general deterrence – special circumstances Legislation Cited: Crimes Act 1900 (NSW): ss 61I, 61J Crimes (High Risk Offenders) Act 2006 (NSW): s 25C Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 5, 21A, 21B, 47 Prevention of Cruelty to Animals Act 1979 (NSW) Cases Cited: R v Coleman [2019] NSWDC 285 Category: Sentence Parties: Rex (Crown) Rizik Khouri (Offender) Representation: Counsel: M Franklin (Crown) B Clark (Offender)