R v Jasim ALSEEDI [2008] NSWDC 284

New South Wales District Court

CITATION: R v Jasim ALSEEDI [2008] NSWDC 284

HEARING DATE(S): 5 August 2008 - 11 August Trial 3 October - Sentence

JUDGMENT DATE: 3 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment with an effective overall sentence consisting of a non-parole period of five years and a head sentence of eight years.

CATCHWORDS: Criminal law - Sentence - Indecent assault - Sexual intercourse without consent

PARTIES: The Crown Jasim Alseedi

FILE NUMBER(S): DC 2008/11/0729

COUNSEL: J Trevallion - Offender

SOLICITORS: NSW DPP Chegwidden Solicitors

SENTENCE

1 HIS HONOUR: The offender was employed as a loss prevention officer. On 5 December 2006 he was working in the Coles Supermarket at Merrylands. He was interested in the store manager, JF. When he had previously worked in the store he had made comments to her such as, "You've got a pretty face. You've got a beautiful smile," and things of that nature. JF did not encourage him but the offender would not take the hint.

2 On 5 December his attentions persisted. They became more explicit. He said to her that he just wanted to spend ten minutes with her and that he really liked her. JF still did not encourage him. She tried to brush him off. She was embarrassed by his intentions.

3 Part of her job involved faxing some papers prepared by the offender. Together they walked up to the manager's office and as they did so the offender again said, "I just want to spend ten minutes with you." JF replied bluntly, "no, it's not going to happen." Once they got to the manager's office, JF turned her attention to the computer.

4 She needed to record some price changes which had been made in order to ensure that customers were not charged more than they should have been. While she was doing this, the offender closed the door. He began to ask JF why she would not go out with him. He said, "I just want to kiss you" and before JF knew what was happening, he had forced himself onto her and begun kissing her. She pushed him off but he kissed her a second time. He then began to put his hand down her shirt and grabbed her breast. He began to suck it. That action formed the basis of the first count on the indictment, an offence of indecent assault. JF was trying to resist but she was seated and he was standing up over her. He was also much stronger than she was. He then grabbed her hand and placed it on his penis on the outside of his pants. She could feel that he had an erection. That action of the offender forms the basis of the second count on the indictment, also an offence of indecent assault.