R v Elmir [2018] NSWDC 516

R v Elmir [2018] NSWDC 516

Given the seriousness of perverting the course of justice and prior time spent in custody, sentencing is appropriately managed through a Community Corrections Order rather than further full-time imprisonment.

Jurisdiction
Australia
Judgment Date
11 December 2018
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence to Community Correction Order
Legal Topics
['perverting the Course of Justice' 'false Medical Certificate' 'breach of S 9 Bond']

Case Brief

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Procedural Posture

Criminal / Sentence

  1. 1 ['Whether Mahmood Elmir did an act with intent to pervert the course of justice by tendering a false medical certificate' 'Appropriate sentence in light of prior custody and breach of bond']

Ratio Decidendi

Given the seriousness of perverting the course of justice and prior time spent in custody, sentencing is appropriately managed through a Community Corrections Order rather than further full-time imprisonment.

Court Disposition

conviction and sentence to Community Correction Order

Orders

  • ['Convicted for s 319 offence (Crimes Act 1900)' 'Ordered to comply with Community Correction Order for 1 year' 'Standard conditions: not commit any offence, appear before court if called during order term' 'Additional conditions: 150 hours community service, abstain from prohibited drugs, submit to supervision by...