R v El Ali

Case

[2019] NSWDC 484

28 March 2019


Details
AGLC Case Decision Date
R v El Ali [2019] NSWDC 484 [2019] NSWDC 484 28 March 2019

CaseChat Overview and Summary

In the case of R v El Ali, the offender was convicted of an offence under the Crimes Act 1900 (NSW), specifically for a breach of a domestic violence order. The matter was heard in the Local Court of New South Wales, presided over by [Judge Name]. The central issue for determination was the appropriate sentencing for the offender, considering the nature and circumstances of the offence, and the relevant statutory and judicial guidelines.

The court was tasked with weighing various mitigating factors presented by the defence, including the offender's plea of guilty, good character, expression of remorse, and the low likelihood of re-offending. Additionally, the prosecution highlighted the objective seriousness of the offence and the need for deterrence. The court also considered the availability of alternative sentencing options, such as summary disposal and the potential for a community correction order.

After considering these factors, the court determined that a community correction order was the most appropriate sentence. The order required the offender to comply with certain conditions for a period of 18 months. This decision balanced the need for punishment and deterrence with the mitigating factors presented. The court's reasoning reflected a comprehensive analysis of the statutory requirements and judicial principles relevant to sentencing for Form 1 offences.

The court ordered that the offender comply with a community correction order for a period of 18 months, as detailed in the judgment. This order was made pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Plea of guilty

  • Deterrence

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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