R v Nasr

[2023] NSWDC 435

District Court

New South Wales

Medium Neutral Citation:

R v Nasr [2023] NSWDC 435

Hearing dates:

12 October 2023

Date of orders:

12 October 2023

Decision date:

12 October 2023

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Milad Nasr is convicted.

2   I impose a term of imprisonment of 1 year and 6 months.

3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (12 October 2023) and expire on 11 April 2025.

4   The offender must report to the Bankstown Community Corrections Office on or before 4pm on 19 October 2023.

5   The standard conditions of the order apply:

(a)   the offender must not commit any offence; and

(b)   the offender must submit to supervision by a Community Corrections Officer.

6   The following additional conditions apply:

(a)   the offender must abstain from consuming and/or taking all restricted or prohibited drugs, except those prescribed by a medical practitioner; and

(b)   the offender must participate in and receive mental health treatment as reasonably directed by Community Corrections.

Catchwords:

CRIME — Violent offences — Reckless wounding

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v R (2013) 249 CLR 571

R v Dickinson [2004] NSWCCA 457

R v Hampton [1999] NSWCCA 341

R v Olbrich (1999) 199 CLR 270

R v Watt (unreported 2 April 1997, NSWCCA)

Category:

Sentence

Parties:

Rex (Crown)
Milad Nasr (Offender)

Representation:

Counsel:
W Barber (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Richard Cummins (Offender)

File Number(s):

2022/60066

Publication restriction:

None

JUDGMENT

Introduction

1. Milad Nasr (the offender) appears for sentence after pleading guilty in the Local Court to an offence of reckless wounding (DV), contrary to s 35(4), Crimes Act 1900. The maximum penalty for the offence is seven years imprisonment and the standard non-parole period is three years.

Approach to Sentencing

2. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

3. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act.

4. The offender entered a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

Facts

5. The parties presented an Agreed Statement of Facts. I have taken the entirety of the document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.

6. The victim in this matter is Dyllan Peacock, the offender’s brother-in-law.…