Sahyoun v R (No 2) [2020] NSWCCA 95

Sahyoun v R (No 2) [2020] NSWCCA 95

The Court varied the sentencing orders to comply with statutory requirements and to account for pre-sentence and post-sentence custody, by specifying the correct commencement and expiration dates of the intensive correction order, removing any reference to a non-parole period, and stipulating the statutorily mandated conditions for the intensive correction order.

Parties
Applicant: George Sahyoun; Crown: Regina
Jurisdiction
Australia
Judgment Date
05 May 2020
Procedural Posture
Criminal Appeal / Variation of Orders Following Sentence Appeal
Outcome
Orders varied
Legal Topics
Sentence Appeal, Intensive Correction Order, Variation of Orders
Criminal Law Sentence Appeal Intensive Correction Order Variation of Orders

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Parties

George Sahyoun

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Variation of Orders Following Sentence Appeal

Legal Issues

  1. 1 Whether the orders made on 1 May 2020 required correction regarding the commencement and duration of the intensive correction order and the setting of a non-parole period.
  2. 2 Whether the orders should specify the standard and additional conditions required by statute for an intensive correction order.

Ratio Decidendi

The Court varied the sentencing orders to comply with statutory requirements and to account for pre-sentence and post-sentence custody, by specifying the correct commencement and expiration dates of the intensive correction order, removing any reference to a non-parole period, and stipulating the statutorily mandated conditions for the intensive correction order.

Court Disposition

Orders varied

Orders

  • Order 3 made on 1 May 2020 varied by deleting ‘2 years and 6 months to date from 7 January 2020 with a non-parole period of 15 months to date from 7 January 2020’ and inserting ‘2 years 2 months and 7 days commencing on 1 May 2020 and expiring on 7 July 2022’.
  • In lieu thereof, applicant sentenced to aggregate term of imprisonment of 2 years 2 months and 7 days to be served by way of intensive correction order commencing 1 May 2020, expiring 7 July 2022.