R v Saleh

Case

[2023] NSWDC 444

20 October 2023


Details
AGLC Case Decision Date
R v Saleh [2023] NSWDC 444 [2023] NSWDC 444 20 October 2023

CaseChat Overview and Summary

In the case of R v Saleh, the defendant faced a series of charges that included offences against the Crimes (Sentencing Procedure) Act 1999 (NSW). The defendant was convicted on counts 2-16 of an indictment dated 13 June 2023, as well as related offences mentioned on a s166 certificate dated 6 September 2021. The court was tasked with sentencing the defendant for these multiple offences, which involved serious criminal conduct warranting a significant custodial term.

The primary legal issue before the court was determining an appropriate aggregate term of imprisonment, along with the non-parole period, for the defendant's multiple offences. The court also had to address the sentence for the appealed stalking offence, which required separate consideration due to its specific nature and the defendant's appeal against the original sentencing.

The court deliberated on the severity and nature of the offences, the defendant's criminal history, and the principles of sentencing as outlined in the relevant legislation. In arriving at the sentence, the court applied the statutory provisions and took into account the cumulative impact of the offences. The court set an aggregate term of imprisonment of 26 years, with a non-parole period of 18 years. For the appealed stalking offence, the court varied the original sentence to a minimum term of 11 months and an additional term of 5 months, resulting in a non-parole period expiring on 23 September 2039 and an overall term expiring on 23 February 2040. This detailed approach ensured that the sentencing reflected the gravity of the offences and the need for public protection.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Non-Parole Period

  • Minimum Term

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Cases Citing This Decision

2

R v Douglas (a pseudonym) [2025] NSWDC 126
R v Douglas (a pseudonym) [2025] NSWDC 126
Cases Cited

12

Statutory Material Cited

0

Jonson v R [2016] NSWCCA 286
Ibbs v the Queen [1987] HCA 46
Ibbs v the Queen [1987] HCA 46