R v A2; R v Magennis; R v Vaziri (No. 24) [2016] NSWSC 737

Supreme Court New South Wales

Medium Neutral Citation: R v A2; R v Magennis; R v Vaziri (No. 24) [2016] NSWSC 737 Hearing dates: 20 May 2016, 3 June 2016, 8 June 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Before: Johnson J Decision: Offender A2 - sentence of imprisonment for 15 months with a non-parole period of 11 months to be served by way of home detention.

Offender Kubra Magennis - sentence of imprisonment for 15 months with a non-parole period of 11 months to be served by way of home detention.

Offender Shabbir Vaziri - sentence of imprisonment for 15 months with a non-parole period of 11 months to be served by way of full-time imprisonment. Catchwords: CRIMINAL LAW –sentence –two offenders convicted of offences of female genital mutilation against two young girls – s. 45 Crimes Act 1900 – third offender convicted as an accessory after the fact to s. 45 offences – sentences of imprisonment imposed – each offender referred for assessment as to suitability for home detention – whether home detention should be ordered in each case – each offender assessed as suitable in home detention assessment report – where each of the offenders have different subjective cases – where the offender mother (A2) has expressed remorse – where the imposition of full-time custodial sentence upon A2 would act as a double punishment to the victims – where the acts were carried out by an elderly woman (Magennis) who suffers significant health problems – difficulty of managing health problems in custody – general deterrence of particular importance in case of religious leader (Vaziri) – calculated and deliberate acts by religious leader over a period of weeks to deflect police investigation – no finding of remorse in his favour – order that Offender A2 serve sentence by way of home detention – order that Offender Magennis serve sentence by way of home detention – order that Offender Vaziri serve sentence by way of full-time imprisonment Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1900 Crimes Act 1900 Home Detention Act 1996 Crimes (Sentencing Procedure) Regulation 2010 Cases Cited: Markarian v The Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v A2; R v Magennis; R v Vaziri (No. 23) [2016] NSWSC 282 R v Abdulrahman [2007] NSWSC 578; 171 A Crim R 419 R v Ho [2002] NSWCCA 379; 133 A Crim R 340 R v Jurisic (1998) 45 NSWLR 209 R v Pogson; R v Lapham; R v Martin [2012] NSWCCA 225; 82 NSWLR 60 R v Walsh; R v Sharp [2014] NSWSC 111; 142 A Crim R 140 TT v R [2014] NSWCCA 206 Texts Cited: NSW Law Reform Commission, Report 139, Sentencing, 2013 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)