R v Saleh [2023] NSWDC 645

R v Saleh [2023] NSWDC 645

Given the appellant's low risk of reoffending, contrition, remorse, and the limited actual bodily harm suffered, it is appropriate to set aside the Local Court sentence and instead impose an aggregate sentence of 22 months to be served by way of an Intensive Correction Order with home detention for 14 months and 150 hours of community service.

Parties
Respondent: Crown (NSW); Appellant: Hessein Saleh
Jurisdiction
Australia
Judgment Date
25 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
Common Assault, Assault Occasioning Actual Bodily Harm, Sentencing, Intensive Correction Order, Home Detention, Aggregate Sentence, COVID 19 Pandemic
Criminal Law Common Assault Assault Occasioning Actual Bodily Harm Sentencing Intensive Correction Order Home Detention Aggregate Sentence COVID 19 Pandemic

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Parties

Crown (NSW)

Respondent

Hessein Saleh

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentence imposed was manifestly excessive
  2. 2 Whether an Intensive Correction Order with home detention is appropriate for offences of common assault and assault occasioning actual bodily harm

Ratio Decidendi

Given the appellant's low risk of reoffending, contrition, remorse, and the limited actual bodily harm suffered, it is appropriate to set aside the Local Court sentence and instead impose an aggregate sentence of 22 months to be served by way of an Intensive Correction Order with home detention for 14 months and 150 hours of community service.

Court Disposition

Appeal allowed; sentence varied

Orders

  • Set aside Local Court sentence imposed on 12 May 2023
  • Appellant sentenced to aggregate term of one year and ten months' imprisonment, to be served by way of Intensive Correction Order