Event and Time
Event Description
- Date of Events: Between June 1, 2019, and June 30, 2019
- Location: Noble Park, Australia
- Involved Parties: Arif Hussain (defendant), Sheada Haidari (victim), Mrs. Gulbagum Haidari (Sheada's mother), Sayita (Sheada's sister)
Application and Claims
- Charges:
- Common Assault by slapping Sheada Haidari's face - Common Assault by kicking Sheada to the hip area
- Outcome: The jury found Arif Hussain guilty of the two assault charges and acquitted him of six other charges including three of rape.
- Defense Claims: Hussain denied the allegations, claiming no assault occurred, and showed no remorse during trial.
Judicial Decisions
- The judge acknowledged requisite factors for sentencing, emphasizing the role of determining the factual basis for sentencing which must align with the jury’s verdict.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Argument:
- Highlighted the unprovoked nature of the assaults and that they occurred within the home where the victim should feel safe. - Argued that general and specific deterrence were vital in addressing domestic violence. - Asserted that the defendant showed no accountability for his actions, which aggravated the seriousness of the offence.
- Defense Argument:
- Claimed that the offending was at the lower end of assault conduct due to the lack of serious physical injury. - Pointed to the defendant's clean record prior to the incidents and his good character, proposing an adjourned undertaking without conviction. - Argued that a conviction should not impede the defendant's opportunities and lifestyle.