R v David HOUSSEIN [2008] NSWDC 388

New South Wales District Court

CITATION: R v David HOUSSEIN [2008] NSWDC 388

JUDGMENT DATE: 30 July 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: For each offence - non parole period of 15 months, balance of term 7 months.

CATCHWORDS: CRIMINAL LAW - sentence - malicious wounding - plea entered on first day of trial - provocation - serious attacks - criminal record - offender cares for his disabled mother - not suitable for periodic detention - level of hardship on family not sufficient to be taken into account - no penalty other than full-time imprisonment appropriate

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 65A, s 66

PARTIES: Regina David Houssein

FILE NUMBER(S): 2008/1313

COUNSEL: Mr Wetmore for Mr Houssein

SOLICITORS: Mr Lee for the Director of Public Prosecutions

JUDGMENT

1. I am sentencing David Houssein. Mr Houssein has pleaded guilty to two crimes. Both are against s 35 of the Crimes Act 1900. Each of them is a crime of malicious wounding. Each of them carries a maximum of seven years imprisonment.

2. The offences occurred on 24 June 2007 and Mr Houssein was committed for trial on 30 November 2007 from Burwood Local Court. He pleaded guilty on 26 May 2008, the day listed for his trial.

3. Briefly, this is what happened which resulted in Mr Houssein being charged. He was friends with the two victims, I think they were brothers were they-- LEE: That's correct your Honour. HIS HONOUR: --who were brothers. He visited them at their home on Sunday 24 June 2007. Some cannabis was purchased. The three men, the accused and two brothers then returned to Mr Houssein's own unit in Liverpool Road, Croydon. Mr Houssein's mother was present in the unit at the time. An argument developed over cannabis which was being shared amongst the men.