R v Elmir [2018] NSWDC 516

District Court New South Wales

Medium Neutral Citation: R v Elmir [2018] NSWDC 516 Hearing dates: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: 1. You are convicted. Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, instead of imposing a sentence of imprisonment, you are ordered to comply with a Community Correction Order for 1 year from today. 2. The standard conditions of the order apply: (a) You must not commit any offence; and (b) You must appear before the court if called on to do so at any time during the term of the order. 3. The following additional conditions apply: •To perform 150 hours of community service work •To abstain from using prohibited drugs or drugs not prescribed for him •To submit to supervision by a community corrections officer •To reside at the address provided to the court registry today or to notify the registry of any proposed change by prepaid registered post. 4. To report to Hurstville Community Corrections Office within 7 days of today. 4. If you fail to comply with the conditions of the order, further action may be taken against you. This may require you to return to court to be re-sentenced. Catchwords: CRIMINAL – sentence - do act with intent to pervert the course of justice – false medical certificate to explain absence from court – breach of s9 bond – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Category: Sentence Parties: Regina Mahmood Elmir Representation: Solicitors: Crown: Mr A Fiorenza Defence: Mr M Berrell William O'Brien & Ross Hudson Solicitors File Number(s): 2017/000204249