AHMAD v REGINA [2006] NSWCCA 177

New South Wales Court of Criminal Appeal

CITATION: AHMAD v REGINA [2006] NSWCCA 177

HEARING DATE(S): 18 May 2006

JUDGMENT DATE: 5 June 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 48; Johnson J at 49

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW – Appeal against sentence – manslaughter – malicious wounding – grievous bodily harm – assault in company – self-defence – agreed statement of facts – plea agreement – agreed non-parole period – agreed discount for plea – whether judge should have sentenced consistently with the plea agreement – whether judge made a finding contrary to the agreed statement of facts – whether sentence was appropriate having regard to objective criminality and subjective circumstances – whether sentences were manifestly excessive – whether the Crown on appeal is bound by the position of the crown at first instance

Australian Prudential Regulation Authority v Derstepanian & Anor [2005] FCA 1121 Australian Securities and Investment Commission v Elm Financial Services Ltd & Ors (2005) ACSR 411 Australian Securities and Investment Commission v Vizzard (2005) 219 ALR 714 GAS v The Queen (2004) 217 CLR 198 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 CASES CITED: R v AEM Snr [2002] NSWCCA 58 R v Allpass (1993) 72 A Crim R 561 R v Dibb [2003] NSWCCA 117 R v Forbes [2005] NSWCCA 377 R v Holmes & Ratu [2003] NSWCCA 258 R v Nguyen [2005] NSWSC 600 R v Simpson (2001) 53 NSWLR 704 R v Thomson; R v Houlton (2000) 49 NSWLR 383