R v Mallah [2005] NSWSC 317

New South Wales Supreme Court

CITATION : R v Mallah [2005] NSWSC 317

HEARING DATE(S) : 21/3/05 - 6/4/05, 15/4/05

JUDGMENT DATE : 21 April 2005

JUDGMENT OF : Wood CJatCL at 1

DECISION : HIS HONOUR: Zaky Mallah, for the offence to which you have pleaded guilty, I sentence you to imprisonment for 2 years and 6 months to date from 3 December 2003 and to expire on 2 June 2006. I make an order that you be released on 2 September 2005 upon giving security, by way of a recognisance, without surety, to comply with the following conditions, namely that: (i)You will be of good behaviour for a period of 2 years from 2 September 2005; (ii)You will, during that period, be subject to the supervision of the New South Wales Probation and Parole Service, and obey all reasonable directions of that Service as to your conduct, including any directions which it may make, as to your taking up of any accommodation which is offered to you through the good offices of the Mufti, Sheik Hilaly, or of the Lebanese Muslim Association, and as to your attendance at, and participation in, the mentoring and other programs offered by that Association and by its Youth Guidance Leader.

CATCHWORDS : Criminal law - plea of guilty - recklessly making to another person a threat to cause serious harm to a third person, being a Commonwealth public official, by reason of the status of that third person - sentencing principles - issues of personal and general deterrence.

Crimes Act 1914 (Cth) LEGISLATION CITED : Criminal Code Act 1995 (Cth)

R v Doff [2005] NSWCCA 119 R v Israil [2002] NSWCCA 255 CASES CITED : R v Lawrence [2005] NSWCCA 91 R v Scognamiglio (1991) 56 A Crim R 81