R v Ahmed Abdel Rahman ATTIA [2005] NSWDC 5

New South Wales District Court

CITATION: R v Ahmed Abdel Rahman ATTIA [2005] NSWDC 5

HEARING DATE(S): 19/08/2005

JUDGMENT DATE: 2 September 2005

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment . A non parole period of 3 years and a total term of 5 years

CATCHWORDS: Criminal law - Sentence - Assault - Foreseeability - Sexual intercourse without consent - Detain for advantage - Mental illness - Conditional liberty

PARTIES: Crown Ahmed Abdel Rahman Attia

FILE NUMBER(S): 04/11/1349

COUNSEL: M. Barr (Crown)

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Ahmed Attia has pleaded guilty to one offence of having sexual intercourse with a woman without her consent. When sentencing him for that offence he asks that I take into account two further matters.

2 The first is related directly to the offence on the indictment, it is an offence of detaining the complainant for advantage, the advantage being of course to have sexual intercourse with her.

3 The other offence on the Form 1 is an offence which was committed after the offender was arrested. It was an offence of assaulting a Correctional Services Officer in the execution of his duty, thereby occasioning actual bodily harm to him. I will take those matters into account in deciding the appropriate sentence to impose on Mr Attia as indicating a greater need for retribution and personal deterrence than would otherwise be the case.

4 While dealing with the Form 1 matters I should say this: as well as tendering a statement of, J the Correctional Services Officer who was the victim of the assault occasion actual bodily harm, the Crown tendered a victim impact statement from him.