R v Dadash [2012] NSWSC 1511

Supreme Court New South Wales

Medium Neutral Citation: R v Dadash [2012] NSWSC 1511 Hearing dates: 30 November 2012 Decision date: 07 December 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Sentenced to imprisonment for 1 year 9 months with a non-parole period of 1 year 4 months. Catchwords: CRIMINAL LAW - sentence - affray - used or threatened violence towards staff of immigration detention facility and others - plea negotiated after committal and prior to arraignment - deportation not relevant in determining sentence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1900 (NSW) Category: Sentence Parties: Regina Mahmood Reza Dadash Representation: Counsel: Mr G Farmer SC with Ms J Single (Crown) Mr N Steel (Offender) Solicitors: Commonwealth Director of Public Prosecutions O'Brien Solicitors File Number(s): 2011/401559

Judgment 1HIS HONOUR: Mahmood Dadash is to be sentenced for an offence of affray that he committed at the Villawood Immigration Detention Centre ("Villawood") on 20 April 2011. He pleaded guilty to that offence before me last Friday. 2The offence is contrary to s 93C of the Crimes Act 1900 (NSW) which provides for a maximum penalty of imprisonment for 10 years. Using the terms of that section, the offender's plea means that he accepts that he used or threatened unlawful violence towards another person and that his conduct was such that it would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. The persons present at the scene included employees of Serco, the organisation contracted by the Australian Government to operate the Villawood facility, amongst others.