Supreme Court New South Wales Medium Neutral Citation: R v Hawi [2015] NSWSC 15 Hearing dates: 30 January 2015 Date of orders: 30 January 2015 Decision date: 30 January 2015 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. Sentencing Hearing before Hoeben CJ at CL on 3 February 2015 vacated. 2. Stood over for Mention before Hoeben CJ at CL at 2pm on 3 February 2015. 3. Bail continued on the present bail conditions. 4. Defendant excused from attending on 3 February 2015. Catchwords: CRIMINAL LAW – sentencing – need to vacate hearing – no point of principle Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Procedural and other rulings Parties: Mahmud Hawi (Applicant) Crown (Respondent) Representation: Counsel: G Bashir SC (Applicant) S Hughes & N Scully (Respondent) Solicitors: AHA Taylor Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/52582 Judgment 1. This matter is listed for sentence on 3 February 2015 before the Chief Judge at Common Law. Application is now made that the sentence hearing be vacated on that day for two principal reasons. 2. The first is that a pre-sentence report has not yet been prepared and will not in fact be ready for a number of weeks hence. This appears to have been a problem within Probation and Parole rather than something that can be attributable to the parties. An outstanding assessment needs to be undertaken and the relevant persons at Probation and Parole have been on leave. The report is necessary if parole conditions are to be imposed in relation to treatment or residence of the offender. 3. Secondly, in further explanation of events since those set out in the letter of 27 November 2014 in respect of the offender's wife, material in relation to mitigating circumstances under s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) needs to be prepared and placed before the Court. There has been some difficulty in gathering this material. 4. The Crown does not oppose the adjournment of the sentencing hearing and in the circumstances I consider it appropriate to vacate the hearing on 3 February. 5. I will stand the proceedings over for mention before the Chief Judge at 2pm on that day. 6. Mr Hawi is excused from attendance on 3 February 2015 and bail is continued on the present bail conditions. ********* DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 February 2015