Ahmad v R

Case [2021] NSWCCA 30


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Ahmad v R [2021] NSWCCA 30
Hearing dates: 24 February 2021
Decision date: 12 March 2021
Before: Leeming JA; Harrison J; Adamson J
Decision:

1. Grant leave to appeal, confined to ground 1 of the notice of appeal, and otherwise refuse leave to appeal.

2. Appeal allowed.

3. 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, commencing 20 March 2017 and expiring 19 September 2021, with a balance of term of 1 year and 6 months commencing 20 September 2021 and expiring 19 March 2023.

4. The first date on which the applicant will be eligible for parole will be 20 September 2021.

5. In accordance with s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), it is noted that the offence for which the applicant is sentenced is one to which the statute applies, with the possibility that the applicant will be detained in custody after the expiry of the sentence in accordance with that statute.

Catchwords:

CRIMINAL LAW – sentence – appeal against sentence – guilty plea to manslaughter – applicant sentenced on basis of agreed facts concerning applicant’s involvement in gunfight – no error in failing to give sufficient weight to remorse – no error in failing to find special circumstances – sentencing judge accepted offender had provided assistance by explaining his involvement in the gunfight but declined to discount sentence – reasons did not comply with Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 – offender resentenced

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 23, 44

Cases Cited:

Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61

Buckley v R [2021] NSWCCA 6

Burrows v R [2017] NSWCCA 45

Casey v R [2015] NSWCCA 142

Cioban v R [2003] NSWCCA 304; 139 A Crim R 265

CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499; [1936] HCA 40

JBM v The Queen [2013] VSCA 69

Khalid v R (2020) 102 NSWLR 160; [2020] NSWCCA 73

R v AA [2017] NSWCCA 84

R v Ahmad [2020] NSWSC 1195

R v Burke [2002] NSWCCA 353

R v Ellis (1986) 6 NSWLR 603

R v Forbes [2011] NSWSC 1547

R v Lulham [2016] NSWCCA 287; 263 A Crim R 287

R v Nguyen [2002] NSWSC 536

R v Sara [2020] NSWCCA 119

Raad v R [2011] NSWCCA 138; 220 A Crim R 471

SZ v R [2007] NSWCCA 19; 168 A Crim R 249

Thach v R [2018] NSWCCA 252

Category:Principal judgment
Parties: Mahmoud Ahmad (Applicant)
Crown (Respondent)
Representation: Counsel:
D…

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AGLC
Ahmad v R [2021] NSWCCA 30
Case
[2021] NSWCCA 30
Decision Date

CaseChat Overview and Summary

In the case of Ahmad v R, the applicant, who had pleaded guilty to manslaughter, appealed against his sentence. The sentence was based on agreed facts relating to the applicant’s involvement in a gunfight. The applicant argued that the sentencing judge had erred in failing to give sufficient weight to his remorse and in not finding special circumstances. The case was heard in the Court of Criminal Appeal.

The legal issues before the court were whether the sentencing judge had erred in failing to give sufficient weight to the applicant’s remorse, in not finding special circumstances, and in not discounting the sentence for the assistance provided by the applicant. The court also considered whether the sentencing judge’s reasons complied with the requirements of the Crimes (Sentencing Procedure) Act 1999 (NSW) s 23.

The court found that there was no error in the sentencing judge’s failure to give sufficient weight to the applicant’s remorse or in not finding special circumstances. The court also held that while the sentencing judge had accepted that the applicant had provided assistance by explaining his involvement in the gunfight, there was no error in not discounting the sentence for that assistance. The court concluded that the sentencing judge’s reasons did not comply with the requirements of the Act and therefore the applicant was resentenced. The applicant’s appeal against sentence was dismissed.

The court ordered that the applicant be resentenced in accordance with the court’s directions. The court noted that the sentencing judge had already taken into account the agreed facts and the assistance provided by the applicant in determining the sentence. The court held that the sentencing judge’s reasons did not adequately explain why the sentence was appropriate in all the circumstances. The court therefore directed that the applicant be resentenced by a different sentencing judge. The court also noted that the applicant’s guilty plea and the agreed facts were significant factors in determining the appropriate sentence.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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