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District Court 29 September 2023

R v Haddad

[2023] NSWDC 393

Assault & violenceDrugsTheft & property
CRIME S ENTENCE R ECKLESS WOUNDING EARLY PLEA OF GUILTY YOUNG OFFENDER SIGNIFICANT CRIMINAL HISTORY

Citation: R v Haddad [2023] NSWDC 393
Court: District Court of New South Wales
Date: 29 September 2023
Judge: Newlinds SC DCJ

Background

The offender, a young man aged 20 at the time of the second offence, was sentenced for two serious knife offences committed in January and June 2022. He had a significant prior criminal record, was homeless and couch-surfing at the time of both offences, and was affected by illicit drugs on each occasion.

The first offence involved the offender stabbing an acquaintance twice with a steak knife at a private premises in Surry Hills, causing a deep 5cm laceration to the left calf requiring surgery and a superficial 2cm neck wound. The second offence occurred when the offender entered a Camperdown unit where another man was sleeping, demanded money, pinned the man down, and stabbed him with a serrated knife before stealing his wallet containing approximately $300 and a debit card. The offender subsequently used that debit card for small purchases totalling $19.21, which was dealt with on a Form 1.

The offender pleaded guilty in the Local Court in March 2023, entitling him to the mandatory 25% discount for the utilitarian value of an early guilty plea under s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999.

  • The objective seriousness of each offence and the appropriate sentencing range
  • The weight to be given to the offender's youth, prior criminal history, and drug dependency under the principles in Bugmy v The Queen
  • Whether special circumstances existed justifying a variation to the standard non-parole period ratio
  • Whether the offender was eligible for referral to the Drug Court for a compulsory drug treatment order under the Drug Court Act 2000

Decision

Newlinds SC DCJ assessed the reckless wounding offence as falling within the mid-range of objective seriousness, accepting the Crown's submissions on this point. The use of a serrated knife to inflict two wounds, including one requiring surgery, and the continuation of the attack after the complainant asked the offender to stop, were significant aggravating features.

The aggravated robbery with wounding was also treated seriously. The court applied the seven-factor framework from R v Henry [1999] NSWCCA 111. While the offender was young and no planning was involved, the repeated use of a knife, the vulnerability of the sleeping victim, and the offender's prior convictions for similar offences were weighty aggravating factors. The small value of property taken was noted but did not diminish the gravity of the violence.

The court gave weight to the Bugmy principle, recognising that the offender's deprived background and entrenched drug dependency could reduce moral culpability, even where the criminal history was significant. The court also noted the offender's mental health issues and the brief hospitalisation under the Mental Health Act 2007 following his arrest.

The court found special circumstances, citing the early guilty plea, the real risk of institutionalisation if the non-parole period were not adjusted, and the offender's need for supervised support on release to address both mental health and drug issues. The parole period was extended to represent 33% of the total term. An aggregate sentence was imposed rather than separate sentences for each offence.

Orders Made

  • Aggregate sentence of imprisonment imposed with a non-parole period of 3 years commencing 17 August 2022 and a head sentence of 4 years and 6 months.
  • First eligible parole date: 16 August 2025.
  • The offender was referred to the Drug Court pursuant to s 18B of the Drug Court Act 2000 to consider whether a compulsory drug treatment order should be made while he is in custody.

Key Takeaways

  • The District Court confirmed that, consistent with R v Mitchell; R v Gallagher, the nature and extent of physical injury is a primary determinant of objective seriousness in wounding offences.
  • Under the Bugmy principle, a background of deprivation and entrenched drug dependency remains relevant to moral culpability at sentencing, even where the offender has a substantial prior criminal history.
  • Special circumstances may be found to extend the parole period where a young offender faces a real risk of institutionalisation and has demonstrated need for supervised mental health and drug treatment on release.
  • A referral to the Drug Court under s 18B of the Drug Court Act 2000 is available at the point of sentencing, enabling the Drug Court to assess whether a compulsory drug treatment order is appropriate while the offender serves a custodial sentence.
  • The mandatory 25% discount for a guilty plea entered at the earliest opportunity under s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999 applied despite the strength of the Crown case, though the court noted that case strength may limit the weight attributed to the plea as a sign of remorse.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 35(4), 96, 192E(1)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 25D(2)(a)
- Drug Court Act 2000 (NSW), ss 5A, 18B
- Mental Health Act 2007 (NSW), s 22

Cases
- Bugmy v The Queen [2013] HCA 37
- R v Henry [1999] NSWCCA 111
- R v Mitchell; R v Gallagher [2007] NSWCCA 296
- Stevens v R [2017] NSWCCA 216
- McDonald v R [2015] NSWCCA 280
- R v Thomas [2008] NSWCCA 269
- Veen v The Queen (No 2) (1988) 164 CLR 465
- The Queen v De Simoni (1981) 147 CLR 383
- Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
- Dixon v The Queen [2019] NSWCCA 85
- Nguyen v R [2019] NSWCCA 209
- Moiler v R [2021] NSWCCA 73
- R v McNaughton (2006) 66 NSWLR 566
- Attorney General's Application Under S37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518