R v Mehajer - [2024] NSWDC 240

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Mehajer [2024] NSWDC 240
Hearing dates: 14 February 2024, 17 April 2024, 23 April 2024, 30 April 2024
Date of orders: 9 May 2024
Decision date: 09 May 2024
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
An aggregate sentence of 7 years and 9 months, expiring on 18 October 2029, with a non-parole period of 3 years and 6 months.
The offender will be eligible for release to parole on 18 July 2025.

Catchwords:
CRIMINAL LAW – Sentence after trial – domestic violence – false documents

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure) Act1999 (NSW)
Criminal Procedure Act 1986 (NSW)

Cases Cited:
Callaghan v R [2006] NSWCCA 58
Cheung v Regina [2001] 209 CLR1
Mehajer v R [2023] NSWCCA 101
MuldrockvR [2011] 244 CLR 120
R v Bollen (1998) 99 A Crim R 510
R v Borkowski [2009] NSWCCA 102
RvEngert (1995) 85 A Crim R 67
R v Mehajer [2023] NSWCCA 98
R v Mehajer(No 2) [2023] NSWDC 151
R v Mehajer(No3) [2023] NSWDC 197
R v Olbrich [1999] 199 CLR 162
R v Previtera (1997) 94 A Crim R 76
Regina v Dang [1999] NSWCCA 42
Regina v Isaacs [1997] 41 NSWLR 379
Savvas v The Queen [1995] 183 CLR1

Category: Sentence
Parties: Rex (Crown)
Salim Mehajer (Offender)
Representation:
Counsel:
Craig Evans (Crown Prosecutor)
Ertunç Özen SC (Offender)
Solicitors:
Office of the Director of Public Prosecutions
O’Brien Criminal and Civil Solicitors

File Number(s): 2020/369490; 2021/16899; 2020/139506; 2021/29321

JUDGMENT

Introduction

Salim Mehajer is before the Court for the determination of sentences arising from findings of guilty suffered from two trials. I shall deal with each trial in turn and announce my sentences for each offence and the aggregate sentence I propose when I have done so. I shall first deal with the issues common to both proceedings.
The first trial (the domestic violence trial) determined a sequence of offences between 1 April 2018 and 4 October 2020, the subject of Court files 2020/369490 and 2021/16899. The offences were in the nature of domestic violence offences against the offender’s then partner.
The second trial (the fraud trial) determined a sequence of offences between 13 March 2020 and 27 March 2020, the subject of Court files 2020/139506 and 2021/29321. The offences were in respect of the creation of false documents and their use.

General Principles

In respect of both trials, it is my task to find the facts upon which to determine sentence consistent with the verdicts of the jury. I am to form my own view of the facts. Where there might be controversy, I am not bound to proceed upon facts that most favour the offender, but those which inform the objective seriousness of the offences must be proven to the standard beyond reasonable doubt and those which the offender would advance in mitigation will be accepted if proven…

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 Mehajer

Details

AGLC: R v Mehajer [2024] NSWDC 240
Case: [2024] NSWDC 240
Decision Date: 09 May 2024

CaseChat Overview and Summary

The case of R v Mehajer was heard in the District Court of New South Wales where the defendant, Mehajer, faced charges related to domestic violence and the creation of false documents. The prosecution alleged that Mehajer had engaged in a series of violent acts against a family member and had fabricated documents to cover up his involvement in these crimes. The court was required to determine the appropriate sentence for Mehajer, considering the gravity of the offences and the principles of sentencing.

The central legal issues revolved around the appropriate weight to be given to the mitigating and aggravating factors in Mehajer's case. The court had to balance the severity of the domestic violence crimes, the intent behind the creation of false documents, and the offender's background, including his prior criminal history and potential for rehabilitation. Additionally, the court needed to ensure that the sentence was proportionate to the crimes committed and served the objectives of denunciation and deterrence.

In its reasoning, the court found that the offences committed by Mehajer were of significant gravity, particularly due to the nature of domestic violence and the attempt to evade accountability through false documentation. The judge acknowledged Mehajer's prior criminal record and the potential for rehabilitation but emphasised the need for a sentence that adequately reflected the seriousness of the crimes. After considering all the factors, the court imposed an aggregate sentence of 7 years and 9 months, with a non-parole period of 3 years and 6 months. The offender will be eligible for parole release on 18 July 2025.

Orders

Orders of the court

An aggregate sentence of 7 years and 9 months, expiring on 18 October 2029, with a non-parole period of 3 years and 6 months.

The offender will be eligible for release to parole on 18 July 2025.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Mehajer [2024] NSWDC 240
Hearing dates:	14 February 2024, 17 April 2024, 23 April 2024, 30 April 2024
Date of orders:	9 May 2024
Decision date:	09 May 2024
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	An aggregate sentence of 7 years and 9 months, expiring on 18 October 2029, with a non-parole period of 3 years and 6 months. The offender will be eligible for release to parole on 18 July 2025.
Catchwords:	CRIMINAL LAW – Sentence after trial – domestic violence – false documents
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act1999 (NSW) Criminal Procedure Act 1986 (NSW)
Cases Cited:	Callaghan v R [2006] NSWCCA 58 Cheung v Regina [2001] 209 CLR1 Mehajer v R [2023] NSWCCA 101 MuldrockvR [2011] 244 CLR 120 R v Bollen (1998) 99 A Crim R 510 R v Borkowski [2009] NSWCCA 102 RvEngert (1995) 85 A Crim R 67 R v Mehajer [2023] NSWCCA 98 R v Mehajer(No 2) [2023] NSWDC 151 R v Mehajer(No3) [2023] NSWDC 197 R v Olbrich [1999] 199 CLR 162 R v Previtera (1997) 94 A Crim R 76 Regina v Dang [1999] NSWCCA 42 Regina v Isaacs [1997] 41 NSWLR 379 Savvas v The Queen [1995] 183 CLR1
Category:	Sentence
Parties:	Rex (Crown) Salim Mehajer (Offender)
Representation:	Counsel: Craig Evans (Crown Prosecutor) Ertunç Özen SC (Offender) Solicitors: Office of the Director of Public Prosecutions O’Brien Criminal and Civil Solicitors
File Number(s):	2020/369490; 2021/16899; 2020/139506; 2021/29321