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
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentence
Legal Issues
- 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...
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