Event and Time
Event Description
On 16 November 2022, Ali Assaad and Mezan Assaad were arraigned on an indictment containing charges of blackmail and common assault. Both pleaded guilty to the charge of blackmail, while Mezan Assaad also pleaded guilty to common assault and a summary charge related to committing an indictable offence while on bail.
Application and Claims
- Charges:
- Ali and Mezan Assaad: Blackmail (s 87(1) of the Crimes Act 1958) - Mezan Assaad: Common assault (common law) - Mezan Assaad: Committing an indictable offence while on bail (s 30B of the Bail Act 1977)
- Agreed Prosecution Summary:
- The incident involved demands for money from victim Abdulwahab Sabry, including violent threats and physical assaults.
Judicial Decisions
- The court accepted guilty pleas under the specified charges.
- The Assaads were placed on a Community Correction Order (CCO) with various conditions, including community service hours and compliance with supervision.
Dispute Points and Legal Basis
Dispute Points
- Ali Assaad’s Argument:
- Claimed prior acquaintance with Mr. Sabry, asserting a misunderstanding regarding a financial agreement related to a government grant. - Maintained a position of silence during police interviews, suggesting the absence of intent to commit blackmail.
- Mezan Assaad’s Argument:
- Involved in the physical assault but may have wanted to summon familial loyalty and pressure Mr. Sabry to make a payment.
- Prosecution's Argument:
- Presented CCTV evidence showing the accused demanding money, use of violence, and coercive language. - Outlined the emotional and physical distress inflicted on Mr. Sabry.