Nashar v R [2020] NSWDC 940

District Court New South Wales

Medium Neutral Citation: Nashar v R [2020] NSWDC 940 Hearing dates: 19 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: (1) Leave to appeal granted. (2) Severity appeal allowed and sentence varied. (3) In lieu of the Local Court sentence I impose an aggregate sentence of imprisonment of 12 months and 9 days. (4) The indicative sentences are 12 months for each offence. (5) Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an intensive correction order commencing today and expiring on 28 March 2021. Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court — By person sentenced against sentence CRIME — Domestic violence — Stalking or intimidation Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007, s 5, s 7, s 8, s 13 Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 7 Cases Cited: R v De Simoni (1981) 147 CLR 383 Category: Principal judgment Parties: Mahmoud Nashar (appellant) Regina (respondent) Representation: Solicitors: El Baba Lawyers Pty Ltd (appellant) Office of the Director of Public Prosecutions (respondent) File Number(s): 2019/00130449 Publication restriction: None Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Date of Decision: 29 November 2019 Before: Magistrate J Kiely File Number(s): 2019/00130449