Khanat v R (Cth) [2024] NSWCCA 41

Khanat v R (Cth) [2024] NSWCCA 41

A positive assessment under s 66(2) that community safety is best addressed by the offender serving the sentence in the community does not mandate (require) the imposition of an intensive correction order. However, the sentencing judge erred by subordinating community safety to general deterrence when declining to impose an ICO, contrary to the approach mandated in Stanley v DPP (NSW).

Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal against sentence upheld; sentence quashed and substituted.
Legal Topics
['sentencing' 'intensive Correction Orders' 'appeals' 'community Safety' 'general Deterrence']
['criminal Law'] ['sentencing' 'intensive Correction Orders' 'appeals' 'community Safety' 'general Deterrence']

Case Brief

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Procedural Posture

Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge was obliged to order an Intensive Correction Order (ICO) after a positive finding on community safety.' 'Whether the sentencing judge erred by subordinating community safety to general deterrence in deciding not to impose an ICO.']

Ratio Decidendi

A positive assessment under s 66(2) that community safety is best addressed by the offender serving the sentence in the community does not mandate (require) the imposition of an intensive correction order. However, the sentencing judge erred by subordinating community safety to general deterrence when declining to impose an ICO, contrary to the approach mandated in Stanley v DPP (NSW).

Court Disposition

Leave to appeal granted; appeal against sentence upheld; sentence quashed and substituted.

Orders

  • ['Leave to appeal is granted.' 'Appeal against sentence is upheld.' 'Sentence imposed in the District Court on 29 June 2023 is quashed and in lieu thereof, the applicant is sentenced to imprisonment for one year and nine months, backdated to 22 June 2023 and expiring 21 March 2025.' 'Pursuant to s 20(1)(b) of the...