A man has been jailed for four years for sexually assaulting a teenager after following her as she left a fast-food restaurant in Sydney's north west.
Hosam Soueid, 36, pursued the 18-year-old woman in his car while she was walking home from a McDonald's in Castle Hill about 2am on November 21, 2021.
Soueid, who pleaded guilty to one count of sexual intercourse without consent, appeared via video link at Parramatta District Court on Tuesday.
Crown Prosecutor Thomas Buckingham rejected the defence's claim that the crime was "opportunistic", saying Soueid parked his car across the road from the restaurant, before turning his headlights off and following the victim.
The court heard Soueid stopped the car and confronted the teenager near a footpath, asking her if he could "have a hug" because his friend had died.
"There was some sense of planning and premeditation," Mr Buckingham said.
The court was told Soueid had substance abuse issues and was "self-medicating" with methylamphetamine, alcohol and cannabis on the night of the attack.
Mr Buckingham argued there was "little evidence" Soueid had taken steps to address his drug and alcohol issues.
"There's a self-induced intoxication that needs to be accounted for," he said.
'Young women in our community should feel safe'
Barrister James Trevallion told the court his client suffered with a traumatic brain injury and post-traumatic stress disorder after being assaulted in 2003.
"There is a causal connection between the offending and his mental health condition," he said.
In handing down the sentence, Judge Mark Buscombe accepted that Soueid's mental health issues reduced his "moral culpability".
"[Soueid's] mental health conditions have affected the manner in which he behaves," he said.
"He's clearly not able to exercise a level of judgement that a person without those conditions can."
Judge Buscombe said he accepted there was "limited planning" involved in the offence.
He said Soueid received a 25 per cent discount in his sentence due to his guilty plea, saying it showed he expressed "remorse".
"Sexual assaults against young women going about their lives at night are obviously very serious offences," he said.
"Young women in our community should feel safe going about their social lives."
The court heard Soueid was placed in protective custody after being threatened and assaulted in jail.
Judge Buscombe accepted Mr Trevallion's argument that time in custody would be more "onerous" for Soueid, given his mental health issues.
Soueid will be eligible to be released on parole in August 2024.
