[2017] ACTSC 239

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - Judgment and Punishment - Sentence - robbery and sexual offences against sex workers - sexual assault in the third degree - sexual intercourse without consent in company - attempted sexual intercourse without consent in company - sexual assault in the third degree - sexual intercourse without consent - attempted aggravated robbery - aggravated robbery - guilty plea - males 22 years old and 32 years old - offending conduct involved degree of planning

Crimes Act 1900 (ACT), ss 53(1), 53(2), 54(1) and 54(2)

Crimes (Sentencing) Act 2005 (ACT), s 36

1. These proceedings relate to the sentencing of two brothers, Mohammed and Ahmed Al Abbasi. Ahmed is also known as Khaled and I will refer to him as Khaled in these reasons. Mohammed is aged 22 and Khaled is aged 32. The brothers' surname, Al Abbasi, has been the subject of numerous spelling or transliteration variations throughout the materials filed in this Court, at the brothers' arraignment on 28 July 2017, counsel for Ahmed Al Abbasi indicated that the correct spelling of the brothers' surname is "Al Abbasi". This is the spelling I have adopted in these reasons.

2. The offences committed by the offenders occurred on 12 March 2016 and 10 May 2016 and are the subject of two separate indictments for each offender for each series of incidents, the indictments of 7 March 2017 and 24 March 2017 respectively.

3. The offences to which Mohammed Al Abbasi has pleaded guilty are as follows:

(a) In relation to the events on 12 March 2016:

• (i) Two counts of sexual assault in the third degree in company (counts one and two on the indictment dated 7 March 2017). These are offences against s 53(2) of the Crimes Act 1900 (ACT) for which the maximum penalty is 14 years imprisonment.
• (ii) One count of aggravated robbery (count three on the indictment of 7 March 2017). The aggravation is that the robbery was in company. This is an offence against s 310 of the Criminal Code 2002 (ACT) for which the maximum penalty is 25 years imprisonment or a fine of $375,000 or both.
• (iii) Two counts of sexual intercourse without consent in company (counts seven and ten on the indictment). These are the offences against s 54(2) of the Crimes Act for which the maximum penalty is 14 years' imprisonment.

(b) In relation to the events on 10 May 2016:

• (i) One count of attempted aggravated robbery. The robbery was aggravated because Khaled who played the principal role in the robbery had an offensive weapon with him. This is an offence against s 310 of the Criminal Code and s 44 of the Criminal Code for which the maximum penalty is 25 years imprisonment or a fine of $375,000 or both.

4. The offences to which Khaled Al Abbasi has pleaded guilty are as follows:

(a) In relation to the events on 12 March 2016:

• (i) One count of sexual assault in the third degree in company (count one on the indictment of 7 March 2017). This is an offence against s 53(2) of the Crimes Act and the maximum penalty is 14 years imprisonment.
• (ii) Two counts of sexual intercourse without consent in company (counts five and eight on the indictment of 7 March 2017). These are offences against s 54(2) of the Crimes Act and the maximum penalty is 14 years imprisonment.
• (iii) One count of attempted sexual intercourse without consent in company (count nine on the indictment of 7 March 2017). Under s 44 of the Criminal Code the penalty is the same as for the substantive offence of sexual intercourse without consent in company namely 14 years imprisonment.

(b) In relation to the events on 10 May 2016:

• (i) Attempted aggravated robbery (count one on the indictment of 24 March 2017). This is an offence against s 310 of the Criminal Code and the maximum penalty is 25 years imprisonment, a fine of $375,000 or both.
• (ii) Sexual assault in the third degree (count three on the indictment of 24 March 2017) This is an offence against s 53(1) of the Crimes Act and the maximum penalty is 12 years imprisonment;
• (iii) Sexual intercourse without consent (count four on the indictment of 24 March 2017). This is an offence against s 54(1) of the Crimes Act and the maximum penalty is 12 years imprisonment.

5. Khaled Al Abbasi was arrested on 29 September 2016 and charged on 30 September 2016. He entered pleas of not guilty to all charges. On 20 December 2016 he was committed for trial in the ACT Supreme Court. The proceedings were listed for trial commencing on 28 August 2017 but on the morning of 28 July 2017 when a pre-trial application was to be determined pleas of guilty were entered in relation to the charges referred to above.

6. Mohammed Al Abbasi was charged on 12 May 2016 with five offences arising out of the events on 10 May 2016. Those charges were ultimately not proceeded with. He pleaded not guilty and was committed for trial. A new indictment was filed on 27 March 2017 containing one count against him relating to those events. The proceedings were listed for a trial commencing 18 September 2017. He pleaded guilty at the pre-trial application on 28 July 2017.

7. In relation to the offences that occurred on 12 March 2016, he was charged on 11 October 2016. He pleaded not guilty and was committed for trial in the Supreme Court. An indictment was filed and he maintained his pleas of not guilty. The matter was listed for trial commencing on 28 August 2017. He pleaded guilty at a pre-trial application on 28 July 2017.

8. In each case the guilty pleas were not at an early stage but, having regard to the allegations against each man the pleas have very significant utilitarian value. Not only have they avoided the need for a trial in relation to these two offenders but also they have spared the victims from the necessity to give evidence at such a trial. That is particularly so in relation to the incidents of 10 May 2016 where there was no other cooffender. In relation to each offender I will apply a 15 per cent discount to the custodial sentence that I would otherwise have imposed by reason of their pleas of guilty.

9. The facts in relation to each of the offenders were agreed and statements of facts tendered without objection in relation to each offender. Having regard to the involvement of each offender in the circumstances on 12 March 2016 and 10 May 2016 I will describe the facts as a whole identifying the circumstances giving rise to each of the offences to which either offender has pleaded guilty. So as to avoid the necessity of having to continually repeat the surname of the offenders I will refer to them simply as Mohammed and Khaled.

10. Khaled booked an appointment with a sex worker who I will refer to as "LU". The contact number for LU had been listed on a website called "www.cracker.com". He attended a unit in the Currong Street, Reid, under the pretext that he would be paying for a massage and sexual services. This was arranged through another person, Ms A. As a result of those communications Khaled knew that LU would be alone. Khaled arrived at the apartment complex with Mohammed and another person ('the third offender'). Khaled rang the doorbell while Mohammed and the third offender waited nearby. Khaled asked whether a friend could come inside and wait. LU said that he could not because nonclients were not permitted into the building. Khaled said he would need to get some money from his friend and walked out of the apartment. A moment later he went back into the apartment followed by Mohammed and the third offender. LU said that the other men could not stay and tried to make a call using her mobile phone. One of the men grabbed the phone and threw it on the ground. The three men then grabbed LU and began to drag her towards one of the bedrooms. She tried to fight them off but stopped resisting when she saw that Khaled was holding a knife and threatening her with it. The three men dragged LU into the bedroom, pulling some of her clothing over her head as they did so. These events constitute count one in the indictment of 7 March 2017 which is a charge of sexual assault in the third degree against both Mohammed and Khaled.

11. Another sex worker who I will refer to as "XK" was also in the apartment. She was hiding near the television in the living room. She sent six text messages to Ms A asking her to come quickly and call the police.

12. The third offender told LU to take her pants and G-string off and suck his penis. She was scared because she feared that the knife would be used against her and complied.

13. Khaled then told LU to suck his penis. She did so. He was wearing a condom. This constitutes count five on the indictment of 7 March 2017 against Khaled, sexual intercourse without consent. At the same time the third offender moved behind LU and attempted to engage in penile-vaginal intercourse with her from behind but was unsuccessful because his penis was not erect.

14. Mohammed searched the living area of the apartment for valuables and found XK hiding. He told her to get up, took her by the arm and led her forcibly into the bedroom where the others were. XK did not resist because she was scared and had heard the men threatening LU earlier. This constitutes count two on the indictment of 7 March 2017 against Mohammed, sexual assault in the third degree in company. Mohammed saw that XK had a mobile phone and asked if she had called someone. She denied having done so but the offender took her phone and did not return it. This constitutes count three on the indictment of 7 March 2017 against Mohammed, aggravated robbery.

15. Mohammed entered the room and saw the sexual acts that were taking place. He opened a condom packet that was on the bedside table and put the condom on his penis and forced LU to perform oral sex on him. This is count seven on the indictment of 7 March 2017 against Mohammed, sexual intercourse without consent in company.

16. Khaled then approached XK and forced her to perform oral sex on him. He was wearing a condom. This constitutes count eight on the indictment of 7 March 2017 against Khaled, sexual intercourse without consent.

17. The third offender ceased attempting penile-vaginal will intercourse with LU and left the room.

18. Khaled then ceased receiving oral sex from XK and told her to take her clothes off. He attempted to have penile-vaginal intercourse but was unable to penetrate her vagina because his penis was not erect. This amounts to count nine on the indictment of 7 March 2017 against Khaled attempted sexual intercourse without consent in company.

19. Mohammed told LU to lie on the same bed face up and he had sexual intercourse with her for several minutes. This gives rise to count ten on the indictment of 7 March 2017, a charge against Mohammed, sexual intercourse without consent in company. At about this time Ms A and her male partner arrived and banged loudly on the front door. Mohammed and Khaled hurriedly got dressed and told LU and XK to act as though nothing had happened. The third offender opened the door and attempted to close it again. Ms A and her partner forced the door open and entered the apartment. Ms A's partner told the third offender: "get out, the police are on their way". He chased the third offender down the stairs. He returned and found Mohammed and Khaled wearing only their underwear and carrying their clothing. Mohammed and Khaled quickly left the apartment. Police arrived shortly afterwards.

20. Early in the morning of 13 March 2016 the third offender and Khaled attended the City Police station. They told police the story that they had each paid $120 for a half hour service with two Asian sex workers but had been asked to leave after only 15 minutes. Khaled reported that he had lost his phone in the process. They were arrested and participated in interviews but subsequently released.

21. KHX was a sex worker who conducted business out of an apartment in Ipima Street in Braddon. She arrived in Canberra on 9 May 2016 and advertised on various websites including "www.cracker.com".

22. On 10 May 2016 Mohammed and Khaled received a phone call from a female drug dealer to whom they owed money. She demanded that they pay the debt, threatening that it would double each day that it remained unpaid. Over the next few hours Mohammed and Khaled made phone calls to a number of Canberra sex workers trying to book an appointment using telephone numbers obtained from the cracker.com website. Khaled called KHX using Mohammed's phone. KHX sent a text message to him with the address and the price for half an hour.

23. KHX did a routine checks on the mobile number that was used. She noted it was linked to a Facebook account and there was nothing on that account which raised any concerns for her.

24. Mohammed drove Khaled to the Ipima street address. This and the driving away after the events described below constitutes Mohammed's involvement in the attempted aggravated robbery (count one on the indictment of 24 March 2017).

25. KHX went down to meet him at the entrance to the complex and travelled with him in the lift up to her apartment. She asked whether he wanted to get the money out of the way. It became clear to her that he did not have a wallet with him. He pulled out a yellow or orange-coloured box cutter knife from his pants pocket and extended the blade saying to her "just give me the money". He repeated this several times and moved towards her continuing to point the box cutter at her. KHX retreated until she was backed up against the wall. She told Khaled that she didn't keep any money in the apartment, he said "[j]ust give me the money and I will go." She told him that she would scream and began to collapse against the wall. He said "[n]o, no, don't do that. Shh shh. Just give me the money."

26. She moved quickly towards the front door and opened it about 15 cm. She screamed out through the door. Khaled slammed the door shut and put himself between the door and KHX so she could not get out. While holding the box cutter in one hand he used his other hand to push her against the wall next to the fridge. He waved the box cutter in her face and continued to demand money. She pleaded with him to take other items insisting that she did not have any money. She told him that she had his phone number so he wouldn't get away with it and he should just leave. The offender eventually seemed to accept that she did not have any money in the apartment. His conduct in attempting to rob her constitutes count one on the indictment of 24 March 2017, the count of attempted robbery.

27. He said "[w]ell let's just have sex then." She said "[o]kay then will you go?" He said "[o]kay." She told him to use a condom and went to get one from the bedroom. He kept flicking the blade of the box cutter in and out. He went to follow her into the bedroom but she felt terrified and told him to get out of the room. They went back to the lounge and she said she would only do it if he put the box cutter away. Threatening KHX with the box cutter constituted count three on the indictment of 24 March 2017, sexual assault in the third degree. He eventually put the box cutter in his pocket and ceased extending the blade.

28. Khaled pulled down his pants and KHX opened the condom packet. His penis was not erect and she used her hands to try to stimulate it. When this did not work she put his penis in her mouth for 3 to 5 seconds however this did not work either. She was on her knees, feeling dizzy, nauseous, hyperventilating and trying not to faint. She told the offender she was going to faint. She began to fall down and pretended to be fainting to get him to leave but he told her to keep going.

29. He pulled out a seat and sat on it. She placed a condom on his penis. He asked her to sit down on a chair with him but she said she did not want to. She walked over to the kitchen bench bent over and pulled her skirt up and her underwear down saying "just get this over with". Khaled tried to get his penis erect. After one unsuccessful attempt he was able to penetrate her vagina. This constitutes count four on the indictment of 24 March 2017, sexual intercourse without consent. She subsequently heard him make a noise and he said "I came". She then told him to leave. He left the apartment and she saw him walking through the car park of the apartment complex away from Northbourne Avenue.

30. Khaled met up with Mohammed and they drove away from the location.

31. A victim impact statement prepared by KHX was read by the prosecutor and tendered. Because it relates to the events in the apartment it was principally relevant to the conduct of Khaled.

32. The statement records that KHX was "utterly convinced [she] was going to die". She said that she never felt fear like that in her life. She did not know whether the offender could be reasoned with or how she could get herself out of the situation.

33. She describes her life as being significantly affected by the trauma of that evening. She suffers ongoing effects when reminded of the feeling of being trapped and helpless.

34. The offences have affected her capacity to stay on top of her busy life. It has affected her tertiary studies. She has been obliged to disclose private and distressing information in order to obtain special consideration for her university work.

35. Notwithstanding her appreciation of multiculturalism and the great things that it has brought to Australia, she has suffered feelings of fear and panic when in the suburbs of Melbourne that have a high population of people of middle-eastern descent.

36. She finds that the fact that others do not understand what she has gone through is isolating and records the fact that because of her concern about the upcoming trial and the need to recount in detail what had occurred she had been unable to move on.

37. She records that notwithstanding the nature of her work she deserves to be unconditionally safe at work and hopes that after her ordeal fewer sex workers will ever have to go through what happened to her. She records that she was shown respect, kindness and support by the ACT police and the Director of Public Prosecutions and hopes that people in the community will see the outcome of this case and be reminded that violence against sex workers is never okay.

38. The evidence of circumstances of Mohammed Al Abbasi are largely derived from a presentence report prepared for sentencing proceedings before Justice Burns. That presentence report was supplemented by an updated pre-sentence report.

39. Mohammed is a 22-year-old man from Iraq who immigrated to Australia as a refugee along with his mother and seven siblings when he was approximately 10 years of age. His family fled to Indonesia where they lived for two years before taking a boat to Christmas Island where he remained in a detention centre for four months. His sister stated that the criminal associations and influence of his brother Khaled had had an impact upon him.

40. He stated that he has had no contact with his father since 2011 due to his father being engaged in criminal activity in Iraq.

41. Prior to being detained in custody he was living with his family. He stated to the author of the pre-sentence report that he may be deported as a result of his offending conduct.

42. He was working as a painter for almost three years prior to being incarcerated. His sister also reported that he worked in the hospitality industry. He collected Centrelink Newstart benefits in addition to his other income which was undeclared.

43. He reported gambling to problematic levels prior to his detention, losing up to $2500 a month at the Canberra Casino.

44. His drugs of choice were methamphetamine and cannabis, commencing at the age of 18 years and increasing to daily use by 20 years of age.

45. On 11 August 2017 he was sentenced by Burns J in relation to one count of sexual assault in the third degree and one count of sexual intercourse without consent. These offences occurred in 2014. He was sentenced to a total of three years' imprisonment with a nonparole period of 22 months backdated to 11 May 2016.

46. He also had a conviction for a minor theft committed in 2016 for which he received a fine.

47. Khaled is 32 years old. He is healthy apart from the fact that he has now been diagnosed with type II diabetes. He was born in 1985. In 1991 his family left Iraq and moved to Malaysia. At that stage his father and mother had four children but there are now eight children of that relationship. In 2002 his family moved to Indonesia and attempted to travel to Australia by boat but were turned back. He spent three years in a United Nations camp before being repatriated to Iraq. He became engaged to be married in 2005.

48. In 2006 his family moved to Malaysia again. In 2007 he returned to Iraq and was married. He stayed there for about four months. He then went to Malaysia where he stayed for six months before travelling to Indonesia by boat.

49. In April 2009 he travelled with his mother and six of his siblings by boat to Australia. They were initially in Brisbane but moved to Canberra in June 2009. His wife, son and father remained in Indonesia.

50. In 2010 or 2011 his wife, son and father joined them in Australia.

51. He reported a good relationship with his mother and a poor relationship with his father who relocated back to Iraq in about 2012.

52. He now has three children aged eight, three and two.

53. He was employed as a painter earning approximately $1250 a week after tax and was the sole breadwinner for his family. This information, provided by counsel for the accused, appears to be inconsistent with what is recorded in the pre-sentence report namely that he was a labourer for a period of about six years. However I take it that he was in some form of reasonably remunerative employment.

54. In 2014 he was introduced to methamphetamine and was soon addicted to it, smoking it daily. He was spending $400 to $500 a week on Ice using 1.5 to two grams per week.

55. His counsel stated that he was deeply regretful about his conduct and that he now recognises how methamphetamine has affected the way that he thought at the time of the offending.

56. He also reported to the author of the pre-sentence report that he gambled and regularly spent money beyond his means.

57. He was assessed by the author of the pre-sentence report as being at a medium to high risk of reoffending. That report indicates that he had showed limited insight into his offending behaviour. That contrasted with the statements made through his counsel for the purposes of sentencing which recognised the gravity of his offending conduct.

58. The only entry in his criminal history shows an offence of driving while suspended which was proved but no conviction recorded.

60. Mohammed is a young man. He has engaged in sexual offending in 2014 for which he was recently sentenced by Burns J. Counsel for Mohammed submitted that he should be sentenced on the basis that he was under the influence of his brother and that his offending was driven by the use of methamphetamine. There is only limited evidence in relation to either proposition but I do accept that each factor played a part in his offending conduct. Notwithstanding his youth, the earlier offending conduct for which a sentence was imposed by Burns J combined with present conduct demonstrates an attitude to sexual violence against women which must be clearly denounced by the sentences imposed.

61. Both sets of offending conduct involved a degree of planning. They targeted vulnerable women who were, or were thought to be, alone. They involved use of threats of violence to subdue the victims and achieve the goals of the offenders. Because, in particular, of their planning and the targeting of vulnerable women, both incidents involve thoroughly disgraceful conduct.

62. There can be no doubt that there is no sentence other than a sentence of full-time imprisonment which is appropriate in relation to these offences.

63. In relation to the March 2016 incident, although he did not make the booking to see LU he played an equal part in the offending conduct: searching the apartment for valuables, finding XK and then participating in the sexual offending that was occurring in the bedroom. Clearly he was not the major player in the attempted robbery on 10 May 2016, but his plea of guilty accepts knowledge of, and participation in, the robbery by the assistance rendered in delivering Khaled to, and collecting Khaled from, the scene of the crime.

64. In relation to each sentence I have reduced the sentence by 15 per cent on account of the plea of guilty. I have taken into account the sentence imposed by Burns J when considering the totality of the sentences imposed upon the offender. I have also reset the nonparole period.

65. In relation to the events on 12 March 2016, the first count of sexual assault in the third degree in company (count one on the indictment of 7 March 2017) is in the mid range of objective seriousness because of the involvement of a knife. However it was Khaled not Mohammed who was holding a knife and threatening LU. I consider that the appropriate starting point is a sentence of imprisonment of 12 months reduced to 10 months and six days on account of the plea of guilty.

66. In relation to the second count of sexual assault in the third degree in company (count two on the indictment of 7 March 2017) this involved forcibly moving XK to the bedroom. It is at the low to mid range of objective seriousness for this offence. The appropriate starting point is a sentence of 10 months' imprisonment reduced to eight months and 15 days on account of the plea of guilty.

67. The count of aggravated robbery (count three on the indictment of 7 March 2017) is at the low end of objective seriousness for this offence. The appropriate starting point is a sentence of imprisonment of 12 months reduced to 10 months and five days on account of the plea of guilty.

68. The first count of sexual intercourse without consent in company (count seven on the indictment of 7 March 2017) involves the forced oral sex with LU. This is at the mid range of objective seriousness for this offence. The appropriate starting point is a sentence of imprisonment of two years reduced to 20 months and 12 days on account of the plea of guilty.

69. The second count of sexual intercourse without consent in company (count 10 on the indictment of 7 March 2017) is the forced penile-vaginal sexual intercourse with LU. This is in the mid to upper range of objective seriousness. The appropriate sentence is three and a half years' imprisonment reduced to two years, 11 months and 21 days on account of the plea of guilty.

70. In relation to the events on 10 May 2016 the extent of involvement of Mohammed puts this offence in the low to mid range of objective seriousness because while the offending conduct was very serious his involvement in it was relatively minor. The appropriate starting point is therefore a sentence of imprisonment of 18 months reduced to 15 months and eight days on account of the plea of guilty.

71. The sentences that I impose are in addition to the sentence imposed by Burns J. It is appropriate that the sentences for the offences that occurred on 12 March 2016 be wholly cumulative upon the sentences imposed by Burns J. That is because they are completely separate incidents and occurred at a substantially different time. Within the sentences arising from events on 12 March 2016 I have made them partially cumulative upon each other so as to reflect the overall gravity of the series of offences and to take into account questions of totality. The sentence for the aggravated robbery on 10 May 2016 is to be wholly cumulative upon the 12 March sentences as it related to a separate incident and there is no need having regard to considerations of totality to make it concurrent.

72. The overall sentence that I will impose consists of a nonparole period of five years, six months and 26 days and a head sentence of seven years, 11 months and 14 days. I will indicate the commencement and end dates of the sentences when I pronounce the orders of the Court.

73. I repeat what I said above about the thoroughly disgraceful nature of the conduct of the offenders during these two incidents. That must be particularly emphasised in relation to the 10 May incident because of Khaled's principal role in that incident.

74. There can be no doubt that there is no sentence other than a sentence of full-time imprisonment which is appropriate in relation to these offences. In sentencing Khaled I have taken into account the effect of imprisonment upon his wife and children. Those impacts are likely to be significant and are very unfortunate so far as his young children are concerned but the need for a significant period of imprisonment is a consequence of the gravity of his conduct.

75. Khaled is older than Mohammad. In relation to the incident on 12 March 2016, although each of the men involved participated, he was the one that made the booking to see LU. In relation to the offences involving KHX he was clearly the principal protagonist.

76. Having regard to his plea of guilty and the other matter which I have referred to at [59], the sentences of imprisonment are reduced by 25 per cent from the sentences that would otherwise have been imposed.

77. In relation to the count of sexual assault in the third degree in company, arising on 12 March 2016 which is count one on the indictment of 7 March 2017, this is in the mid range of objective seriousness. Khaled's conduct was more serious in that it involved a threat with a knife. The appropriate starting point is a sentence of 18 months' imprisonment reduced to 13 and a half months on account of the plea of guilty.

78. The two counts of sexual intercourse without consent in company on the indictment of 7 March 2017 involve forced oral sex imposed upon LU and XK. In relation to each of these they involved conduct in the low-to-mid range of objective seriousness. The appropriate penalty in relation to each is two years which is reduced in each case to 18 months' imprisonment by reason of the factors I have referred to above.

79. Count nine on the indictment of 7 March 2017 is the charge of attempted sexual intercourse without consent in company. It relates to Khaled's attempts to have penilevaginal sexual intercourse with XK. I consider it to be in the mid range of objective seriousness for this offence. The appropriate penalty is imprisonment for a period of three years, reduced to 27 months on account of the factors referred to earlier.

80. In relation to the attempted aggravated robbery, count one on the indictment of 24 March 2017 the circumstances leading to the statutory aggravation is the possession of the offensive weapon. The offending conduct of Khaled puts this in the mid-to-upper range of objective seriousness for this offence. The appropriate sentence of imprisonment is four years reduced to three years on account of the factors referred to earlier.

81. The sexual assault in the third degree (count three on the indictment of 24 March 2017) involved threatening KHX with the box cutter. This is in the mid-to-upper level of objective seriousness for this offence. The appropriate penalty is one of the three and half years imprisonment reduced to two years, seven months and 15 days on account of the factors referred to above.

82. Finally, the offence of sexual intercourse without consent is conduct in the mid range of objective seriousness for this offence. So far as the facts disclosed it was relatively brief and less terrifying for the victim than Khaled's earlier conduct. The appropriate penalty is a sentence of three years imprisonment reduced to 27 months on account of the factors referred to earlier.

83. The sentences for the offences on 10 May 2016 will be cumulative upon the sentences for the offences on 12 March 2016. That is because they are separate incidents and there is no reason to make them concurrent by reason of considerations of totality. There will be partial concurrency between the sentences for the offences on the respective dates to the extent necessary to reflect the overall gravity of the offending conduct.

84. The sentences will be backdated so as to commence on 29 September 2016, the day when Khaled went into custody.

85. The overall period of imprisonment is a period of eight years, one month and 15 days. The nonparole period will be five years, eight months and nine days.

86. The orders of the court in relation to Mohammed Al Abassi are:

1. I note the existing sentence of imprisonment which comprises a head sentence of 36 months, commencing on 11 May 2016 and expiring on 10 May 2019.

2. For count one on the indictment of 7 March 2017, sexual assault in the third degree in company, I impose a sentence, of 10 months and six days commencing from 11 May 2019 and expiring on 16 March 2020.

3. For count two on the indictment of 7 March 2017, sexual assault in the third degree in company, I impose a sentence, of eight months and 15 days commencing from 2 October 2019 and expiring on 16 June 2020.

4. For count three on the indictment of 7 March 2017, aggravated robbery, I impose a sentence of 10 months five days commencing from 12 November 2019 and expiring on 16 September 2020.

5. For count seven on the indictment of 7 March 2017, sexual intercourse without consent in company, I impose a sentence of one year, eight months and 12 days commencing from 5 November 2019 and expiring on 16 July 2021.

6. For count ten on the indictment of 7 March 2017, sexual intercourse without consent in company, I impose a sentence of two years, 11 months and 21 days commencing from 27 January 2020 and expiring on 16 January 2023.

7. For count one on the indictment of 24 March 2017, attempted aggravated robbery of one year three months and eight days commencing from 17 January 2023 and expiring on 24 April 2024.

8. The overall sentence involves a non-parole period of five years, six months and 26 days and a head sentence of seven years, 11 months and 14 days. The offender will become eligible to be released on parole on 6 December 2021.

87. The orders of the Court in relation to Ahmed (also known as Khaled) Al Abassi are:

1. In relation to count one on the indictment of 7 March 2017, sexual assault in the third degree in company, I impose a sentence of one year, one month and 15 days, commencing from 29 September 2016 and expiring on 12 November 2017.

2. For count five on the indictment of 7 March 2017, sexual intercourse without consent in company, I impose a sentence of one year and six months commencing from 13 February 2017 and expiring on 12 August 2018.

3. For count eight on the indictment of 7 March 2017, sexual intercourse without consent in company, I impose a sentence of one year and six months commencing from 13 November 2017 and expiring on 12 May 2019.

4. For count nine on the indictment of 7 March 2017, attempted sexual intercourse without consent in company, I impose a sentence of two years and three months commencing from 13 February 2018 and expiring on 12 May 2020.

5. For count one in the indictment of 24 March 2017, attempted aggravated robbery, I impose a sentence of three years commencing from 13 May 2020 and expiring on 12 May 2023.

6. For count three on the indictment of 24 March 2017, sexual assault in the third degree, I impose a sentence of two years, seven months and 15 days commencing from 28 September 2021 and expiring on 12 May 2024.

7. For count four on the indictment of 24 March 2017, sexual intercourse without consent, I impose a sentence of two years and three months commencing from 13 August 2022 and expiring on 12 November 2024.

8. The overall sentence I impose has a nonparole period of five years, eight months and nine days and a head sentence of eight years, one month and 15 days. The nonparole period commences from 29 September 2016 and the offender will become eligible to be released on parole on 6 June 2022.

9. The non-publication order of 21 August 2017 continues in effect.

10. The publication of any report of these proceedings referring to the name of the third offender in relation to the incident that occurred on 12 March 2016 is forbidden.

I certify that the preceding eighty-seven [87] numbered paragraphs are a true copy of the Reasons for Sentence Judgment of his Honour Justice Mossop.