R v Foad Ali SOLAIMAN [2008] NSWDC 53

New South Wales District Court

CITATION: R v Foad Ali SOLAIMAN [2008] NSWDC 53

HEARING DATE(S): 08/02/08; 15/02/08; 20/03/08

JUDGMENT DATE: 20 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

I formally convict you in relation to the offence of procuring for prostitution by threat. DECISION: You are sentenced to a total term of three years imprisonment backdated to commence on 4 December 2007 and to expire on 3 December 2010 with a non parole period of two years imprisonment to expire on 3 December 2009. It will be a term of your parole that you be of good behaviour and that you comply with such directions and attend such programs to which you may be directed by the Probation and Parole Service, including any monitoring of your domestic situation and any assessment of the depression you are said to be suffering as well as such psychotherapy as may be recommended on the basis of the matters set out in the reports of Dr Roberts and the report to which he refers of Dr Younan.

CATCHWORDS: procure by threat for the purpose of prostitution - victim fearful of the offender - victim is offender's wife - victim impact statement - breach of trust - victim was a vulnerable person - limited degree of planning - no record of previous conditions - person of good character - low risk of recidivism - hardship to dependents - mid-range of criminality - general deterrence - special circumstances

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v MAK [2005] NSWCCA 369 R v Edwards (1996) 90 A CrimR 510 R v Sarca (NSWCCA 11 May 1993 unreported) T (1989) 47 A CrimR 29 Burrell [2000] NSWCCA 207 Wirth (1976) 14 SASR 291 CASES CITED: R v X [2004] NSWCCA 93 R v Girard [2004] NSWCCA 170 R v Wei Tang [2007] VSCA 134 R v Broadfoot [1976] 3All ER 753 R v Brown [1984] 1WLR 1211 R v Morris Lowe [1985] 1 WLR 29 R v Gosling [2005] EWCA Crim 3300 R v Oliver, Hartrey and Baldwin [2003] 1 Cr App R 28