R v Emal Zazy [2018] NSWDC 297

District Court New South Wales

Medium Neutral Citation: R v Emal Zazy [2018] NSWDC 297 Hearing dates: 2 – 6 July 2018 Decision date: 17 October 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence imposed. For orders see [80] Catchwords: Indecent assault; sexual intercourse without consent; partial accumulation on sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bravo v R [2015] CCA 302 Diaz v R [2018] NSWCCA 33 Hoskins v R [2016] NSWCCA 157 Ibbs v R (1987) 163 CLR 447 Pearce v R (1998) 194 CLR 610 R v AJP [2004] NSWCCA 434 R v Daley [2010] NSWCCA 223 R v Da Silva (Unreported NSWCCA 30 November 1995) R v Edwards (1996) 90 ACrimR 510 R v Hibberd (2009) 194 ACrimR 1 R v King [2009] NSWCCA 117 R v Peachey [2008] 187 ACrimR 152 Category: Sentence Parties: Director of Public Prosecutions (Crown) Emal Zazy (Offender) Representation: Counsel: C J Watson (Offender)

Solicitors: G Whitaker (Crown/Trial Advocate) File Number(s): 16/247223 Publication restriction: Nil

REMARKS ON SENTENCE 1. On 2 July 2018, the offender was arraigned on an Indictment containing the following charges: 1. On the 31st day of July 2016 at Bondi Beach in the State of New South Wales, did assault UP, and at the time of the assault did commit an act of indecency on UP. The offence was pursuant to s 61L of the Crimes Act 1900. The maximum penalty proscribed is a term of five years imprisonment. 2. On 31 July 2016 at Bondi Beach in the State of New South Wales, did have sexual intercourse with UP without the consent of UP, knowing she was not consenting. The offence was pursuant to section 61I of the Crimes Act 1900. The maximum penalty is a term of fourteen years imprisonment. There is a Standard Non-Parole Period of seven years imprisonment. 1. The offender entered a plea of guilty upon arraignment to Count 1. On 6 July 2018, the jury returned a verdict of guilty in respect of Count 2. The Indictment contained a further charge in the alternative to count 2, which was therefore not considered.