Regina v Ahmad [2005] NSWSC 848

Regina v Ahmad [2005] NSWSC 848

The offender's conduct was objectively serious because over a period of time she misled police and assisted her husband to remain in hiding during an investigation into a serious killing, so a custodial sentence was warranted. However, given her guilty plea, delay in sentencing, otherwise good character, lack of risk of reoffending, sole care of young children, absence of need for supervision, and the unchallenged evidence that she did not know her conduct was criminal, a fixed term of 9 months imprisonment suspended under s 12 of the Crimes (Sentencing Procedure) Act was sufficient to punish the offence and provide general deterrence.

Jurisdiction
Australia
Judgment Date
23 August 2005
Procedural Posture
Criminal Sentencing for Offence Contrary to S 315 of the Crimes Act 1900 / Remarks on Sentence Following Guilty Plea on Arraignment
Outcome
The offender was sentenced to 9 months imprisonment, suspended upon entering into a recognisance to be of good behaviour for the period of the sentence.
Legal Topics
['hinder Police Investigation' 'suspended Sentence' 'guilty Plea Discount' 'general Deterrence']
['criminal Law' 'sentencing'] ['hinder Police Investigation' 'suspended Sentence' 'guilty Plea Discount' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing for Offence Contrary to S 315 of the Crimes Act 1900 / Remarks on Sentence Following Guilty Plea on Arraignment

Legal Issues

  1. 1 ['What sentence should be imposed for encouraging Walid Ahmad to avoid police investigators with intent to hinder apprehension for a serious offence.' 'Whether the sentence should be suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 rather than a good behaviour bond or community service order.']

Ratio Decidendi

The offender's conduct was objectively serious because over a period of time she misled police and assisted her husband to remain in hiding during an investigation into a serious killing, so a custodial sentence was warranted. However, given her guilty plea, delay in sentencing, otherwise good character, lack of risk of reoffending, sole care of young children, absence of need for supervision, and the unchallenged evidence that she did not know her conduct was criminal, a fixed term of 9 months imprisonment suspended under s 12 of the Crimes (Sentencing Procedure) Act was sufficient to punish the offence and provide general deterrence.

Court Disposition

The offender was sentenced to 9 months imprisonment, suspended upon entering into a recognisance to be of good behaviour for the period of the sentence.

Orders

  • ['The offender is sentenced to a period of 9 months imprisonment.' 'The sentence is to commence on 23 August 2005 and expire on 22 May 2006.' 'The sentence is suspended upon the offender entering into a recognisance under the Act to be of good behaviour for the period of the sentence.' 'No further conditions are...