R v Attalah [2019] NSWDC 381

District Court New South Wales

Medium Neutral Citation: R v Attalah [2019] NSWDC 381 Hearing dates: 2 April 2019, 12 April 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: (1) Appeal against conviction for assault law enforcement officer in execution of duty dismissed. (2) Appeal against conviction for resist officer in execution of duty allowed. (3) Appellant acquitted of offence of resist officer in execution of duty. (4) Sentenced to a term of imprisonment of 10 months commencing 9 July 2019 and expiring 8 May 2020 with a non-parole period of 5 months expiring 8 December 2019. Catchwords: CRIME — Violent offences — Assault law enforcement officer in the execution of duty — lawful execution of duty CRIME — Violent offences — Resist corrective services officer in the execution of duty — excessive use of force SENTENCE — sentence of full-time imprisonment — Finding of special circumstances — length of time in custody Legislation Cited: Crimes (Administration of Sentences) Regulation Crimes (Sentencing Procedure) Act Cases Cited: Dyason v Butterworth [2015] NSWCA 52 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Joseph Attalah (Offender) Representation: Solicitors: S Knox (Crown) E Rowe (Offender) File Number(s): 2018/80560 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 7 February 2019 Before: Beattie LCM File Number(s): 2018/80560