Elahmad v R [2024] NSWCCA 250

Elahmad v R [2024] NSWCCA 250

The sentencing judge erred in taking into account the offender's conditional liberty (parole) in the assessment of objective seriousness. However, upon re-sentencing, and holding the applicant to concessions made below, no lesser sentence than that imposed is warranted in law, so the appeal is dismissed.

Parties
Applicant: Ahmad Elahmad; Respondent: Rex (Crown)
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Aggregate Sentence, Steal From the Person, Fraud, Objective Seriousness, Conditional Liberty, Appeals Against Sentence
Criminal Law Sentencing Aggregate Sentence Steal From the Person Fraud Objective Seriousness Conditional Liberty Appeals Against Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ahmad Elahmad

Applicant

Rex (Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Determination of Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by taking into account that the offences were committed while the offender was on parole when assessing objective seriousness
  2. 2 Whether a lesser sentence is warranted following established error

Ratio Decidendi

The sentencing judge erred in taking into account the offender's conditional liberty (parole) in the assessment of objective seriousness. However, upon re-sentencing, and holding the applicant to concessions made below, no lesser sentence than that imposed is warranted in law, so the appeal is dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.