Ahmad v R [2021] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ahmad v R [2021] NSWCCA 30 Hearing dates: 24 February 2021 Decision date: 12 March 2021 Before: Leeming JA; Harrison J; Adamson J Decision: 1. Grant leave to appeal, confined to ground 1 of the notice of appeal, and otherwise refuse leave to appeal. 2. Appeal allowed. 3. Quash the sentence imposed on 3 September 2020, and in lieu thereof sentence Mahmoud Ahmad to a total sentence of 6 years, comprising a non-parole period of 4 years and 6 months, commencing 20 March 2017 and expiring 19 September 2021, with a balance of term of 1 year and 6 months commencing 20 September 2021 and expiring 19 March 2023. 4. The first date on which the applicant will be eligible for parole will be 20 September 2021. 5. In accordance with s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW), it is noted that the offence for which the applicant is sentenced is one to which the statute applies, with the possibility that the applicant will be detained in custody after the expiry of the sentence in accordance with that statute. Catchwords: CRIMINAL LAW – sentence – appeal against sentence – guilty plea to manslaughter – applicant sentenced on basis of agreed facts concerning applicant's involvement in gunfight – no error in failing to give sufficient weight to remorse – no error in failing to find special circumstances – sentencing judge accepted offender had provided assistance by explaining his involvement in the gunfight but declined to discount sentence – reasons did not comply with Crimes (Sentencing Procedure) Act 1999 (NSW) s 23 – offender resentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 23, 44 Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Buckley v R [2021] NSWCCA 6 Burrows v R [2017] NSWCCA 45 Casey v R [2015] NSWCCA 142 Cioban v R [2003] NSWCCA 304; 139 A Crim R 265 CMB v Attorney General for New South Wales (2015) 256 CLR 346; [2015] HCA 9 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 House v The King (1936) 55 CLR 499; [1936] HCA 40 JBM v The Queen [2013] VSCA 69 Khalid v R (2020) 102 NSWLR 160; [2020] NSWCCA 73 R v AA [2017] NSWCCA 84 R v Ahmad [2020] NSWSC 1195 R v Burke [2002] NSWCCA 353 R v Ellis (1986) 6 NSWLR 603 R v Forbes [2011] NSWSC 1547 R v Lulham [2016] NSWCCA 287; 263 A Crim R 287 R v Nguyen [2002] NSWSC 536 R v Sara [2020] NSWCCA 119 Raad v R [2011] NSWCCA 138; 220 A Crim R 471 SZ v R [2007] NSWCCA 19; 168 A Crim R 249 Thach v R [2018] NSWCCA 252 Category: Principal judgment Parties: Mahmoud Ahmad (Applicant) Crown (Respondent) Representation: Counsel: D Dalton SC (Applicant) M Kumar (Respondent) Solicitors: Lawyers Corp Pty Ltd (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/132271 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Criminal Citation: [2020] NSWSC 1195 Date of Decision: 03 September 2020 Before: Button J File Number(s): 2016/132271