Elskaf v R [2023] NSWDC 8

District Court New South Wales

Medium Neutral Citation: Elskaf v R [2023] NSWDC 8 Hearing dates: 31 January 2023 Date of orders: 31 January 2023 Decision date: 31 January 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed. (2) I set aside the ICOs imposed by the Magistrate. (3) In lieu thereof I impose an aggregate term of imprisonment of 15 months to be served by way of an Intensive Corrections Order, commencing today. The standard conditions of the order apply. In addition, the appellant must perform 150 hours of community service. (4) I confirm the disqualification order made by the Magistrate. Catchwords: CRIME — Appeal against severity Legislation Cited: Crimes (Appeal and Review) Act 2001 Road Transport Act 2013 Cases Cited: Elskaf v R [2022] NSWDC 525 Category: Principal judgment Parties: Ali Elskaf (Appellant) Rex (Crown) Representation: Counsel: D Shridhar (Appellant)

Solicitors: Abbas & Co (Appellant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2020/87365 2020/119813 Publication restriction: None

Judgment

Introduction 1. On 2 November 2022 I dismissed the appellant's conviction appeal against the Magistrate's finding of guilt for 4 counts of Drive in a Manner or Speed Dangerous to the Public contrary to s 117(2) Road Transport Act 2013: Elskaf v R [2022] NSWDC 525. I will adopt the defined terms that I used in that judgment and this judgment assumes familiarity with my earlier reasons. 2. On 4 April 2022, the Magistrate imposed the penalties set out in the following table. Date Term Disqualification 4 January 2020 15 months imprisonment to be served by way of an Intensive Corrections Order (ICO) on the standard conditions with 150 hours Community Service Order (CSO) 3 years 5 January 2020 18 months ICO on the standard conditions with 200 hours CSO 3 years 11 March 2020 15 months ICO on the standard conditions with 150 hours CSO 3 years 18 March 2020 2 years ICO on the standard conditions with 300 hours CSO 3 years