R v A2; R v Magennis; R v Vaziri (No. 23) [2016] NSWSC 282

Supreme Court New South Wales

Medium Neutral Citation: R v A2; R v Magennis; R v Vaziri (No. 23) [2016] NSWSC 282 Hearing dates: 5 February 2016, 18 February 2016 Decision date: 18 March 2016 Before: Johnson J Decision: In the case of each Offender, an aggregate sentence of 15 months' imprisonment with a non-parole period of 11 months was set. The Court referred each Offender for assessment as to suitability to serve the sentence by way of home detention. Catchwords: CRIMINAL LAW – sentence – offences of female genital mutilation committed against two young girls – s.45 Crimes Act 1900 – maximum penalty seven years' imprisonment - offenders convicted following jury trial – offences committed by mother of victims and midwife – community religious leader convicted as accessory after the fact – where mutilation constitutes nick or cut to clitoris of each girl – offences of considerable objective seriousness – breach of trust – abuse of professional vocation – attempts to deflect police investigation – no evidence of permanent scarring or lasting injury – genuine remorse expressed by mother of victims – importance of general deterrence for offences of this kind – where Offenders' community in Australia and internationally has declared after trial that FGM should no longer be practised – where proceedings have contributed to the international movement toward the eradication of FGM – sentence of imprisonment appropriate – consideration of non-custodial alternatives – offenders referred for suitability assessment for home detention Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Surveillance Devices Act 2007 (NSW) Telecommunications (Interception and Access) Act 1979 (Cth) United Nations Convention on the Rights of the Child (1989) Cases Cited: Douar v R [2005] NSWCCA 455; 159 A Crim R 154 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v A2; R v KM; R v Vaziri (No 2) [2015] NSWSC 1221 R v A2; R v KM; R v Vaziri (No. 4) [2015] NSWSC 1306 R v FA (District Court of NSW, 5 June 2015, unreported) R v Isaacs (1997) 41 NSWLR 374 R v Pogson [2012] NSWCCA 225; 82 NSWLR 60 R v Zamagias [2002] NSWCCA 17 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Vartzokas v Zanker (1989) 51 SASR 277 Veen v The Queen [No. 2] [1988] HCA 14; 164 CLR 465 Texts Cited: Ashworth and Zedner, "Preventive Justice", Oxford University Press, 2014 Category: Sentence Parties: Regina (Crown) A2 (Offender) Kubra Magennis (Offender) Shabbir Mohammedbhai Vaziri (Offender) Representation: Counsel: Ms NL Williams (Crown) Mr RF Sutherland SC (Offenders A2 and Vaziri) Mr S Bouveng (Offender Magennis)