R v. Ahmadyar

The appellant in this case pleaded guilty to three counts of indecent assault. He had previously been declared temporarily unfit to stand trial by the Mental Health Court and was held in custody on remand for over three and a half years. The appellant was sentenced to six months imprisonment on each count, suspended forthwith with a 12-month operational period. However, the pre-sentence custody period was not declared as time served. The appellant applied for leave to appeal against the sentence, arguing that the sentence of six months imprisonment fully suspended for 12 months without a declaration for time served was manifestly excessive.

The legal issues in this case were whether the sentence of six months imprisonment fully suspended for 12 months without a declaration for time served was manifestly excessive and whether there should be a declaration for time already served under the sentence. The court had to consider the principles of sentencing and the appropriate punishment for the crimes committed. The court also had to consider the appellant's pre-sentence custody period and whether it should be declared as time served under the sentence.

The court found that the sentence of six months imprisonment fully suspended for 12 months without a declaration for time served was manifestly excessive. The court noted that the appellant had been in custody on remand for over three and a half years, which was a significant period of time. The court found that the sentence did not adequately reflect the time the appellant had already served and that there should be a declaration for time already served under the sentence. The court also found that the sentence of six months imprisonment fully suspended for 12 months without a declaration for time served was not appropriate for the crimes committed. The court varied the sentence to a period of six months imprisonment on each count with no suspension of the sentence and declared that a period of 1,341 days from 13 January 2003 to 14 September 2006 was imprisonment already served under the sentence.