R v Dadash - [2012] NSWSC 1511

Supreme Court

New South Wales

Medium Neutral Citation: R v Dadash [2012] NSWSC 1511
Hearing dates: 30 November 2012
Decision date: 07 December 2012
Jurisdiction: Common Law - Criminal
Before: R A Hulme J
Decision:
Sentenced to imprisonment for 1 year 9 months with a non-parole period of 1 year 4 months.

Catchwords: CRIMINAL LAW - sentence - affray - used or threatened violence towards staff of immigration detention facility and others - plea negotiated after committal and prior to arraignment - deportation not relevant in determining sentence
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1900 (NSW)
Category: Sentence
Parties: Regina
Mahmood Reza Dadash
Representation: Counsel:
Mr G Farmer SC with Ms J Single (Crown)
Mr N Steel (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions
O'Brien Solicitors

File Number(s): 2011/401559

Judgment

HIS HONOUR: Mahmood Dadash is to be sentenced for an offence of affray that he committed at the Villawood Immigration Detention Centre ("Villawood") on 20 April 2011. He pleaded guilty to that offence before me last Friday.

The offence is contrary to s 93C of the Crimes Act 1900 (NSW) which provides for a maximum penalty of imprisonment for 10 years. Using the terms of that section, the offender's plea means that he accepts that he used or threatened unlawful violence towards another person and that his conduct was such that it would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. The persons present at the scene included employees of Serco, the organisation contracted by the Australian Government to operate the Villawood facility, amongst others.

Why Mr Dadash was at Villawood

Mr Dadash was being detained at Villawood as an unauthorised entrant into Australia. His home country is Iran. He has a wife and daughter there. He came into conflict with an Iranian government official there, after becoming frustrated about delays in his daughter being provided with a cochlear implant device to assist with her hearing disability. He vented his frustration by tearing up a picture of Ayatollah Seyyed Ali Hosseini Khamenei, the Supreme Leader of Iran. He later found out that this was an offence under Iranian law, punishable by death. He fled Iran in 2009, leaving his wife and daughter behind, and came, via Dubai and Indonesia, to Australia. He arrived by boat and was taken into immigration detention at Christmas Island on 31 January 2010. He was transferred to Villawood on 17 July 2010.

Events of 20 April 2011 at Villawood

The events at Villawood on 20 April 2011 were tumultuous and they commenced early in the day in one of three compounds at the centre. This compound housed about 150 detainees and was managed by about 20 Serco staff. Two detainees, Messrs X and Y, were noticed to be on the roof of a building within one of the compounds at between approximately 7 or 8am. They were threatening to throw roof tiles at staff and yelling at staff to go away.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dadash

Details

AGLC: R v Dadash [2012] NSWSC 1511
Case: [2012] NSWSC 1511
Decision Date: 07 December 2012

CaseChat Overview and Summary

The case of R v Dadash was heard by the County Court of Victoria. The defendant, Dadash, was charged with affray and using or threatening violence towards staff of an immigration detention facility and others. Following a negotiated plea, the matter was heard prior to arraignment. The primary issue before the court was the appropriate sentence for the defendant, taking into account the nature and circumstances of the offence and relevant mitigating factors. Additionally, the court needed to determine whether the defendant's deportation status should be considered in the sentencing process.

The court considered the severity of the offence, the defendant's role in the incident, and any mitigating factors such as his plea and cooperation with authorities. It was noted that the defendant had pleaded guilty before arraignment, which was a factor that could be considered in his favour. The court also acknowledged that the defendant's deportation status was not a relevant consideration in determining the sentence. Instead, the focus was on the impact of the offence on the victims and the community, as well as the defendant's personal circumstances and potential for rehabilitation. After weighing these factors, the court imposed a sentence that reflected the seriousness of the offence while also considering the mitigating circumstances.

Orders