R v Raouf [2021] NSWDC 384

District Court New South Wales

Medium Neutral Citation: R v Raouf [2021] NSWDC 384 Hearing dates: 14 July 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) I dismiss the Conviction Appeal (2) The conviction and Order for Costs, if any, be set aside. (3) I find the offence proved. (4) Pursuant to sections 9(1)(b) and 10(1)(b) of the Crimes (Sentencing and Procedure) Act 1999 (NSW) without proceeding to conviction I discharge the offender to a Conditional Release Order with a Bond to be on good behaviour and of standard conditions, and to appear for conviction if called upon for any breach occurring, for a period of 1 year commencing today. (5) The Bond is to be subject to the following additional conditions: (a) The offender is to keep the Registrar of this court advised of any change of his residential address. Catchwords: CRIME — Police powers SENTENCING — Appeal against sentence Legislation Cited: Crimes Act 1900 (NSW) s 51B Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 3, 4, 5, 7, 11, 12, 13, 14, 17, sch 1 Crimes (Sentencing and Procedure) Act 1999 ss 3A, 9(1)(b), 10(1)(b) Road Transport Act 2013 (NSW) ss 223 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Muldrock v The Queen (2011) 244 CLR 120 Prior v Mole (2017) 261 CLR 265 R v De Simoni (1981) 147 CLR 383 Category: Principal judgment Parties: Crown – Regina Offender/Appellant – Koray Pertev Raouf Representation: Crown –Ms Bhat, ODPP Offender/Appellant – Mr Chhabra instructed by Mr Khan (Sydney Criminal Lawyers) File Number(s): 2020/00121050 Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Citation: N/A Date of Decision: 24 March 2021 Before: Mulroney LCM File Number(s): 2020/00121050