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COURT DETERMINES THE SENTENCE OF A PERSON WHO PLEADED GUILTY TO THE CRIME OF INTENTIONALLY CAUSING INJURY TO THE VICTIM
R v Hamad [2021] VSC 58 (17 February 2021)
This is a sentencing proceeding against the accused, Mr. Hamad, who entered his plea of guilt to the crime of Intentionally Causing Injury to the victim.
Facts:
On 8 August 2017, Hamad and Al Hamza (a co-offender) alighted from the vehicle, both of them armed with baseball bats. Hamad approached Mr Teriaki who was in the process of getting out of his vehicle. Al Hamza used his bat to strike Mr Teriaki to the arms, causing bruising. It is not alleged that Hamad actually struck Mr Teriaki. During the attack, one of the baseball bats snapped in half, leaving the striking end sitting inside the front of Mr Teriaki’s vehicle.
Mr Teriaki fled his vehicle and ran along for a distance of 300 metres, being pursued by Hamad and Al Hamzam, during the course of the pursuit, Mr Teriaki pushed over a rubbish bin in order to try to create distance. He was pursued by Hamad and Al Hamza into the front yard of a property. He banged on the front door seeking help. He was then shot dead by Al Hamza.
Hamad and the other co-offenders were arrested and charged with murder on 6 February 2019. Hamad offered to plead guilty to Intentionally Causing Injury (ICI) and assisting an offender. On 5 February 2021, agreement was reached between Hamad and the Crown as to the resolution of the charges he faced at that time. On 8 February 2021, a plea indictment containing the single charge of ICI was filed. Hamad pleaded guilty.
The maximum penalty of ICI is 10 years’ imprisonment.
Issue: What should the sentence of the accused be?
Law:
Analysis:
The court views his plea of guilt in the circumstances as an acknowledgment of his responsibility for serious offending and as an indication of your remorse. The court shall give the accused the full benefit of that plea of guilty and reduce the sentence accordingly.
The court also took into account the long period of time which has elapsed since the offence itself, and since the accused were arrested and charged with it. Hamad was a fairly young man at the time of the offending (23 years old). He has been in custody since 6 February 2019. There have therefore been 742 days of pre-sentence detention, up to and including yesterday, 16 February 2021.
Finally, the court accepts the submission as to prospects of rehabilitation of the accused, and take into account, in sentencing, the desirability of imposing a sentence that will, so far as possible, foster and support his rehabilitation in future.
Conclusion: For intentionally causing injury to Anwar Teriaki, the court sentence the accused to be imprisoned for 2 ½ years with a non-parole period of 1½ years.
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