R v Abdul Reda Al-Shawany [2007] NSWDC 141

New South Wales District Court

CITATION: R v Abdul Reda Al-Shawany [2007] NSWDC 141

HEARING DATE(S): 15 June 2007

JUDGMENT DATE: 15 June 2007

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

DECISION: On the two count on which the jury brought in a verdict of guilty the offender is convicted on each count. ; On count one the offender is sentenced to a period of seven years imprisonment to commence on and from 24 April 2007 and to expire on 23 April 2014, with a non-parole period of four years and six months to expire on 23 October 2011. ; On count two the offender is sentenced to a period of seven years imprisonment to commence on 24 October 2007 and to expire on 23 October 2014, with a non-parole period of four years and six months to expire on 23 April 2012. ; Thereafter the offender is to be released to parole on 23 April 2012.; There will be a six months accumulation on count 1 so that the total effect of sentence is one of seven years and six months imprisonment to commence on 24 April 2007 and to expire on 23 October 2014, with a total non-parole period of five years imprisonment to commence on 24 April 2007 and to expire on 23 April 2012.; The total period is one of seven years and six months, and five years non-parole period.

CATCHWORDS: Sexual intercourse without consent - Non-publication order - DNA - Vulnerable victim - Victim impact statement - Middle to high range criminality

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

R v Oliver (1980) 7 A Crim R 174 Gilson v The Queen (1991) 172 CLR 353 R v H (1980) 3 A Crim R 53 Regina v Tait and Bartley (1979) 46 FLR 386 R v Fernando [1999] NSWCCA 66 Ibbs v The Queen (1987) 163 CLR 447 Veen v The Queen [No 2] (1988) 164 CLR 465 CASES CITED: De Simoni (1981) 147 CLR 383 R v Slack 2004 NSWCCA 128 R v MAK [2005] NSWCCA 369 R v Russell (unrep, 21/6/96, NSWCCA) R v BUS (unreported, CCA, 3.11.95) Baverstock [2003] NSW CCA 228 Walker [2006] NSWCCA 228 R v Pastovsky NSW CCA 28.6.1996