R v Salim

[2023] NSWDC 646

District Court

New South Wales

Medium Neutral Citation:

R v Salim [2023] NSWDC 646

Hearing dates:

15 December 2023

Date of orders:

15 December 2023

Decision date:

15 December 2023

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

See pars [15] and [18].

Catchwords:

CRIME – APPEAL – Common Assault on a female and assault occasioning actual bodily harm on male – “Road rage” offences resulting from queuing up to be tested for COVID-19 during pandemic – Prior sentence imposed below replaced with ICO requiring home detention.

Legislation Cited:

Nil.

Cases Cited:

R v Saleh; R v Salim [2023] NSWLC 2

R v Saleh [2023] NSWDC 645

Texts Cited:

Nil.

Category:

Principal judgment

Parties:

Crown – R (NSW)
Appellant – Ali Salim

Representation:

Counsel:
Crown – Gourlie, K.
Appellant – James, G. KC.

Solicitors:
Crown – Office of the Director of Public Prosecutions (NSW).
Appellant – One Group Legal.

File Number(s):

2021/00367860

Publication restriction:

Nil.

 Decision under appeal 

Court or tribunal:

Local Court

Jurisdiction:

Criminal

Citation:

[2023] NSWLC 2

Date of Decision:

12 May 2023

Before:

Magistrate Donnelly

Judgment

1. HIS HONOUR: This is an appeal from a decision made by Magistrate Donnelly, sitting in the Local Court at Sutherland on 12 May 2023.

2. His Honour’s decision may be found at R v Saleh; R v Salim [2023] NSWLC 2. I have previously dealt with the appeal brought by Mr Saleh. I made orders in his case on Monday, 25 September 2023, and gave my reasons for making that decision at that time. Unfortunately, they have not yet been transcribed. However, I will rely upon them in this case to avoid having to repeat what I said previously. At the time of revising my ex tempore judgment those reasons have become available: R v Saleh [2023] NSWDC 645.

3. In the appeal of Mr Saleh, I accepted the indicative sentences for each of the two offences committed by that offender, as fixed by the learned Magistrate and I also maintained the aggregate sentence fixed by the learned Magistrate. His Honour sentenced Mr Saleh to imprisonment for a period of 22 months and fixed a non-parole period of 14 months.

4. I set aside the order for imprisonment and imposed an intensive corrections order for a period of 22 months which, inter alia, required Mr Saleh to serve a period of home detention for the first 14 months of the sentence, and I also required him to complete community service work for 150 hours. There were, of course, the compulsory two conditions of the order that he must not commit any offence and that he was subject to supervision by a community corrections officer.

5. I could not deal with Mr Salim’s case at that time because there was no sentencing assessment report commenting upon the suitability of Mr Salim for home detention.

6. Very shortly I should point out that the facts arose out of what might be thought to be a ‘’road rage incident’’ occurring when a car being driven by Mr Saleh’s wife…