R v Nasr [2023] NSWDC 435

R v Nasr [2023] NSWDC 435

Given the seriousness of the reckless wounding involving use of a knife, presence of children, and injury caused, but acknowledging provocation, full rehabilitation efforts, low risk of re-offending, remorse, and strong support network, the appropriate sentence is 1 year and 6 months imprisonment to be served by way of an Intensive Corrections Order (ICO).

Jurisdiction
Australia
Judgment Date
12 October 2023
Procedural Posture
Sentence / Sentencing After Guilty Plea
Outcome
Conviction; sentence of 1 year and 6 months imprisonment to be served by way of an Intensive Corrections Order (ICO).
Legal Topics
['violent Offences' 'reckless Wounding' 'sentencing' 'intensive Corrections Order (ico)']
['criminal Law'] ['violent Offences' 'reckless Wounding' 'sentencing' 'intensive Corrections Order (ico)']

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Procedural Posture

Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for reckless wounding under s 35(4) Crimes Act 1900?' 'How do aggravating and mitigating factors, including rehabilitation prospects, affect the sentence?' "Is an Intensive Corrections Order suitable for the offender's circumstances?"]

Ratio Decidendi

Given the seriousness of the reckless wounding involving use of a knife, presence of children, and injury caused, but acknowledging provocation, full rehabilitation efforts, low risk of re-offending, remorse, and strong support network, the appropriate sentence is 1 year and 6 months imprisonment to be served by way of an Intensive Corrections Order (ICO).

Court Disposition

Conviction; sentence of 1 year and 6 months imprisonment to be served by way of an Intensive Corrections Order (ICO).

Orders

  • ['Milad Nasr is convicted.' 'Imprisonment for 1 year and 6 months.' 'Sentence to be served by way of ICO under s 7(1) Crimes (Sentencing Procedure) Act 1999, commencing 12 October 2023, expiring 11 April 2025.' 'Report to Bankstown Community Corrections Office on or before 4pm on 19 October 2023.' 'Standard ICO...