Decision 9 June 2016
“Catchwords: CRIMINAL LAW –sentence –two offenders convicted of offences of female genital mutilation against two young girls – s. 45 Crimes Act 1900 – third offender convicted as an accessory after the fact to s. 45 offences – sentences of imprisonment imposed – each offender referred for assessment as to suitability for home detention – whether home detention should be ordered in each case – each offender assessed as suitable in home detention assessment report – where each of the offenders have different subjective cases – where the offender mother (A2) has expressed remorse – where the imposition of full-time custodial sentence upon A2 would act as a double punishment to the victims – where the acts were carried out by an elderly woman (Magennis) who suffers significant health problems – difficulty of managing health problems in custody – general deterrence of particular importance in case of religious leader (Vaziri) – calculated and deliberate acts by religious leader over a period of weeks to deflect police investigation – no finding of remorse in his favour – order that Offender A2 serve sentence by way of home detention – order that Offender Magennis serve sentence by way of home detention – order that Offender Vaziri serve sentence by way of full-time imprisonment”
Find decision here.