Ahmad v R [2022] NSWCCA 144

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ahmad v R [2022] NSWCCA 144 Hearing dates: 8 June 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Before: Meagher JA at [1]; Mitchelmore JA at [2]; Bellew J at [35] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against sentence – whether sentencing judge took into account an irrelevant factor – view expressed during proceedings on sentence as to availability of intensive correction order – exchange did not form part of reasons CRIMINAL LAW – appeal against sentence – reliance on applicant being on conditional liberty at time of offending as aggravating factor – whether revocation of earlier parole order with effect from date before offending conduct altered offender's status in the community before revocation order was made – construction of Crimes (Sentencing Procedure) Act 1999 (NSW), s 171(4) CRIMINAL LAW – appeal against sentence –obligation to consider an intensive correction order – intensive correction order not pressed for by Counsel before sentencing judge Legislation Cited: Crimes Act 1900 (NSW), ss 154F, 154A(1)(a), 117 Crimes (Administration of Sentences) Act 1999 (NSW), s 171 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(j), 66 Cases Cited: Blanch v R [2019] NSWCCA 304 Dang v R [2014] NSWCCA 47 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Mohindra v R [2020] NSWCCA 340 Morrison v R [2009] NSWCCA 211; (2009) 197 A Crim R 103 Category: Principal judgment Parties: Thayer Ahmad (Applicant) Regina (Crown) Representation: Counsel: JJ Semaan (Sol) (Applicant) M Millward (Crown)