Ahmad v Commonwealth Director of Public Prosecutions [2023] NSWSC 736

Supreme Court New South Wales

Medium Neutral Citation: Ahmad v Commonwealth Director of Public Prosecutions [2023] NSWSC 736 Hearing dates: 26 June 2023 Decision date: 04 July 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. Amended Summons is dismissed 2. No order as to costs 3. The parties are to advise her Honour's Associate of any suggested amendment to the proposed redactions to the copy of the judgment that is to be publicly available, by 5pm on the date of these orders Catchwords: APPEAL – Crime – Appeal pursuant to s 19AY Crimes Act 1914 (Cth) – order refusing to set a non-parole period following the revocation of parole by the Attorney-General – whether prescribed authority required to re-consider material relied upon by the Attorney-General in revoking parole – whether basis of revocation of parole required to be proved to the criminal standard – question of the seriousness of the breach Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1994 (Cth) Cases Cited: Ahmad v Attorney-General (Cth) [2022] FCA 1270 Ahmad v R [2019] NSWCCA 198 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Certain Lloyd's Underwriters Subscribing to Contract IHOOAAQS v Cross [2012] 293 ALR 412, [2012] HCA 56 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lacey v Attorney-General (Qld) (2011) 242 CLR 573; [2011] HCA 10 Minogue v Victoria (2019) 268 CLR 1; [2019] HCA 31 Category: Principal judgment Parties: Youssef Ahmad (Appellant) Commonwealth Director of Public Prosecutions (Respondent) Representation: Counsel: T Edwards SC with A Chhabra (Appellant) S Duggan (Respondent)