R v SALEH [2023] NSWDC 444

District Court New South Wales

Medium Neutral Citation: R v SALEH [2023] NSWDC 444 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Criminal Before: Everson SC, DCJ Decision: For the offences that are counts 2-16 on the indictment dated 13 June 2023 and the related offences on the s166 certificate dated 6 September 2021: a) You are sentenced to an aggregate term of imprisonment of 26 years commencing on 24 May 2021 and expiring on 23 May 2047; b) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 (NSW), a non-parole period of 18 years is set. It expires on 23 May 2039. I vary the sentence imposed for the appealed stalking offence, as follows: a) You are sentenced to a minimum term of 11 months and an additional term of 5 months. This sentence will commence on 24 October 2038. b) Therefore, the non-parole period for the appealed stalking offence will expire on 23 September 2039 and the additional term will expire on 23 February 2040. Accordingly, the earliest date that you will be eligible to be released on parole is 23 September 2039. Category: Sentence Parties: DPP Ahmed Mahdi SALEH (Defendant) Representation: Y Prowse (Crown)

M Coroneos (Defence) File Number(s): 2020/355946

JUDGMENT ON SENTENCE

Introduction 1. On 5 July 2023, a jury of twelve returned verdicts of guilty on the 2nd through to and including the 16th counts on the indictment upon which he was presented for trial three weeks earlier. He was convicted of those offences. 2. The following day, Ahmed Mahdi SALEH was acquitted of the 1st indictment count. 3. In addition to the 15 counts on indictment, Mr SALEH is also to be sentenced for five related offences, transferred to this Court, pursuant to s.166 of the Criminal Procedure Act 1986. That is a consequence of this Court finding him guilty of those related offences on 22 September 2023. 4. The offences on indictment and the five related offences, were committed against the same, now 34-year-old female victim, during the time spanning from early August 2016 to 15 December 2017. 5. There are three offences of common assault, contrary to section 61 of the Crimes Act, namely counts 6, 7 & 16. Each common assault has a maximum penalty of imprisonment for 2 years. 6. There are five offences of assault occasioning actual bodily harm (AOABH), contrary to section 59 of the Crimes Act, namely counts 9, 10, 13, 14, 15. Each AOABH offence has a maximum penalty of imprisonment for 5 years. 7. There are two offences of sexual assault, contrary to section 61I of the Crimes Act, namely counts 2 & 8. Each sexual assault offence has a maximum penalty of imprisonment for 14 years and a Standard Non-Parole Period ("SNPP") of 7 years. 8. There are five offences of aggravated sexual assault, contrary to section 61J of the Crimes Act, namely, counts 3, 4, 5, 11, & 12. Each aggravated sexual assault has a maximum penalty of imprisonment for 20 years and a SNPP of 10 years. 9. The related offences are: 1. Sequences 10 and 13; they are each an offence of assault occasioning actual bodily harm. 2. Sequence 26; an offence of demanding money with menaces, contrary to s 249K(1)(a) of the Crimes Act. 3. Sequence 27; an offence of threatening to distribute intimate images of the victim, contrary to s 91R(2) of the Crimes Act ; and 4. Sequence 28; an offence of intimidating the victim, contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act.