Sahyoun v R (No 2) [2020] NSWCCA 95

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sahyoun v R (No 2) [2020] NSWCCA 95 Hearing dates: 8 November 2019 Date of orders: 05 May 2020 Decision date: 05 May 2020 Before: Gleeson JA at [1] Fullerton J at [1] Decision: (1) Pursuant to r 50C of the Criminal Appeal Rules (NSW):

(a) Vary Order 3 made on 1 May 2020 by deleting the words "2 years and 6 months to date from 7 January 2020 with a non-parole period of 15 months to date from 7 January 2020" and inserting the words "2 years 2 months and 7 days commencing on 1 May 2020 and expiring on 7 July 2022", such that Order 3 as varied reads:

(3) In lieu thereof, the applicant is sentenced to an aggregate term of imprisonment of 2 years 2 months and 7 days to be served by way of an intensive correction order commencing on 1 May 2020 and expiring on 7 July 2022.

(b) Set aside order 4 and in its place order:

(4) The intensive correction order is subject to the following conditions:

(a) the offender must not commit any offence;

(b) the offender must submit to supervision by a community corrections officer;

(c) the offender is to abstain from consuming drugs. Catchwords: CRIMINAL LAW – appeal against sentence – applicant re-sentenced to aggregate sentence of imprisonment to be served by way of intensive correction order – where terms of orders required correction – variation of orders – Criminal Appeal Rules(NSW) r 50C(3) – orders varied Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 7, 47, 71, 73, 73A Criminal Appeal Rules (NSW), r 50C Cases Cited: Blanch v R [2019] NSWCCA 304 R v Pullen [2018] NSWCCA 264 Sahyoun v R [2020] NSWCCA 87 Category: Sentence Parties: George Sahyoun (Applicant) Regina (Crown) Representation: Counsel: G James QC (Applicant) F Veltro (Crown)