R v Hawi

[2015] NSWSC 15

Supreme Court

New South Wales

Medium Neutral Citation:

R v Hawi [2015] NSWSC 15

Hearing dates:

30 January 2015

Date of orders:

30 January 2015

Decision date:

30 January 2015

Jurisdiction:

Common Law - Criminal

Before:

Davies J

Decision:

1. Sentencing Hearing before Hoeben CJ at CL on 3 February 2015 vacated.

2. Stood over for Mention before Hoeben CJ at CL at 2pm on 3 February 2015.

3. Bail continued on the present bail conditions.

4. Defendant excused from attending on 3 February 2015.

Catchwords:

CRIMINAL LAW – sentencing – need to vacate hearing – no point of principle

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW)

Category:

Procedural and other rulings

Parties:

Mahmud Hawi (Applicant)
Crown (Respondent)

Representation:

Counsel:
G Bashir SC (Applicant)
S Hughes & N Scully (Respondent)

Solicitors:
AHA Taylor Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)

File Number(s):

2009/52582

Judgment

1. This matter is listed for sentence on 3 February 2015 before the Chief Judge at Common Law. Application is now made that the sentence hearing be vacated on that day for two principal reasons.

2. The first is that a pre-sentence report has not yet been prepared and will not in fact be ready for a number of weeks hence. This appears to have been a problem within Probation and Parole rather than something that can be attributable to the parties. An outstanding assessment needs to be undertaken and the relevant persons at Probation and Parole have been on leave. The report is necessary if parole conditions are to be imposed in relation to treatment or residence of the offender.

3. Secondly, in further explanation of events since those set out in the letter of 27 November 2014 in respect of the offender's wife, material in relation to mitigating circumstances under s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) needs to be prepared and placed before the Court. There has been some difficulty in gathering this material.

4. The Crown does not oppose the adjournment of the sentencing hearing and in the circumstances I consider it appropriate to vacate the hearing on 3 February.

5. I will stand the proceedings over for mention before the Chief Judge at 2pm on that day.

6. Mr Hawi is excused from attendance on 3 February 2015 and bail is continued on the present bail conditions.

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Decision last updated: 02 February 2015