R v Mehajer [2024] NSWDC 240

R v Mehajer [2024] NSWDC 240

Given the objective seriousness of the offender's series of domestic violence and fraud offences, the pattern of escalating coercive and violent conduct, the fraudulent attack on the integrity of the justice system, and the offender's lack of remorse, the appropriate disposition is an aggregate sentence of seven years and nine months imprisonment, with a non-parole period of three years and six months. Mitigation for mental health issues is limited due to insufficient evidence linking those issues with the offending. Hardship in custody is considered but not to the extent claimed. General deterrence, denunciation, and recognition of harm to the victim are predominant sentencing purposes.

Parties
Crown: Rex; Offender: Salim Mehajer
Jurisdiction
Australia
Judgment Date
09 May 2024
Procedural Posture
Criminal / Sentence After Trial and Plea
Outcome
Convicted on all counts; aggregate sentence imposed.
Legal Topics
Domestic Violence, Assault, Intimidation, Contravention of Apprehended Violence Order, Forgery, Making False Documents, Using False Documents, Sentencing
Criminal Law Domestic Violence Assault Intimidation Contravention of Apprehended Violence Order Forgery Making False Documents Using False Documents +1 more

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Parties

Rex

Crown

Salim Mehajer

Offender

Procedural Posture

Criminal / Sentence After Trial and Plea

Legal Issues

  1. 1 Appropriate sentences for multiple convictions following two trials—domestic violence offences; fraud offences involving false documents; breach of apprehended domestic violence order; application of totality principle and aggregate sentencing; assessment of seriousness and appropriate reduction for plea; consideration of mental health in mitigation

Ratio Decidendi

Given the objective seriousness of the offender's series of domestic violence and fraud offences, the pattern of escalating coercive and violent conduct, the fraudulent attack on the integrity of the justice system, and the offender's lack of remorse, the appropriate disposition is an aggregate sentence of seven years and nine months imprisonment, with a non-parole period of three years and six months. Mitigation for mental health issues is limited due to insufficient evidence linking those issues with the offending. Hardship in custody is considered but not to the extent claimed. General deterrence, denunciation, and recognition of harm to the victim are predominant sentencing purposes.

Court Disposition

Convicted on all counts; aggregate sentence imposed.

Orders

  • Convicted of all offences after both trials and the related offence to which plea given under s 166 Criminal Procedure Act 1986 (NSW).
  • Aggregate sentence of imprisonment imposed: 7 years and 9 months from 19 January 2022, expiring 18 October 2029.