R v Salim Mehajer [2018] NSWLC 11

R v Salim Mehajer [2018] NSWLC 11

Given the seriousness of the planned offending, large number of false applications, impact on the integrity of the democratic process, absence of a sufficient nexus between diagnosed mental illness and the offending, incomplete remorse, and lack of exceptional extra-curial punishment, only a full-time custodial sentence was appropriate with a modest discount for partial contrition and prospects for rehabilitation contingent on medical treatment.

Parties
Prosecution: Director of Public Prosecutions (Cth); Defendant: Salim Mehajer
Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal / Sentencing After Conviction Following Contested Hearing
Outcome
Defendant sentenced to full-time imprisonment with a non-parole period and release on recognizance after 11 months, subject to conditions.
Legal Topics
Commonwealth Offences, Providing False and Misleading Information to Commonwealth Agency, Using False Document to Mislead Commonwealth Agency, Electoral Roll Offences, Sentencing
Criminal Law Commonwealth Offences Providing False and Misleading Information to Commonwealth Agency Using False Document to Mislead Commonwealth Agency Electoral Roll Offences Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Director of Public Prosecutions (Cth)

Prosecution

Salim Mehajer

Defendant

Procedural Posture

Criminal / Sentencing After Conviction Following Contested Hearing

Legal Issues

  1. 1 Appropriate sentence for offences of providing false and misleading information to a Commonwealth agency
  2. 2 Appropriate sentence for using a false document to mislead a Commonwealth agency
  3. 3 Effect of planning and consequences on seriousness of offence

Ratio Decidendi

Given the seriousness of the planned offending, large number of false applications, impact on the integrity of the democratic process, absence of a sufficient nexus between diagnosed mental illness and the offending, incomplete remorse, and lack of exceptional extra-curial punishment, only a full-time custodial sentence was appropriate with a modest discount for partial contrition and prospects for rehabilitation contingent on medical treatment.

Court Disposition

Defendant sentenced to full-time imprisonment with a non-parole period and release on recognizance after 11 months, subject to conditions.

Orders

  • For each of 51 charges under s 145.1(1) Criminal Code, conviction and 21 months imprisonment concurrent, dated from 11 June 2018.
  • For each of 26 charges under s 137.1(1) Criminal Code, conviction and 7 months imprisonment concurrent, dated from 22 June 2018.