Ahmad v R [2021] NSWCCA 30

Ahmad v R [2021] NSWCCA 30

The sentencing judge erred by not specifically considering the matters in s 23(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) when the applicant had provided assistance to authorities, and by failing to specify any attributable discount for that assistance when required. A 5% additional discount was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Resentencing
Outcome
Appeal allowed in respect of ground 1; applicant resentenced.
Legal Topics
['appeal Against Sentence' 'manslaughter' 'joint Criminal Enterprise' 'sentence Discount for Assistance' 'remorse' 'special Circumstances' 'utilitarian Discount' 'resentencing']
['criminal Law'] ['appeal Against Sentence' 'manslaughter' 'joint Criminal Enterprise' 'sentence Discount for Assistance' 'remorse' 'special Circumstances' 'utilitarian Discount' 'resentencing']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence; Resentencing

Legal Issues

  1. 1 ['Whether the sentencing judge failed to attribute a specific discount for assistance to authorities under s 23 Crimes (Sentencing Procedure) Act 1999 (NSW) and R v Ellis' 'Whether there was error in failing to give sufficient weight to remorse' 'Whether there was error in failing to find special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge erred by not specifically considering the matters in s 23(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) when the applicant had provided assistance to authorities, and by failing to specify any attributable discount for that assistance when required. A 5% additional discount was warranted for assistance, and the applicant was accordingly resentenced to a lesser term.

Court Disposition

Appeal allowed in respect of ground 1; applicant resentenced.

Orders

  • ['Grant leave to appeal, confined to ground 1 of the notice of appeal, and otherwise refuse leave to appeal.' 'Appeal allowed.' 'Quash the sentence imposed on 3 September 2020, and in lieu thereof sentence Mahmoud Ahmad to a total sentence of 6 years, comprising a non-parole period of 4 years and 6 months,...