R v El Ali [2019] NSWDC 484

R v El Ali [2019] NSWDC 484

Given the offender's guilty plea, lack of prior record, remorse, family responsibilities, character, and other mitigating factors, balanced against the objective seriousness and financial motivation, a community correction order for 18 months is warranted rather than full-time custody.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Sentencing / Sentence
Outcome
Offender convicted and sentenced to a community correction order for 18 months.
Legal Topics
['sentencing' 'community Correction Order' 'mitigating Factors' 'objective Seriousness' 'deterrence' 'form 1 Offences']
['criminal Law'] ['sentencing' 'community Correction Order' 'mitigating Factors' 'objective Seriousness' 'deterrence' 'form 1 Offences']

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Procedural Posture

Sentencing / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for dealing with property suspected of being proceeds of crime under s 193C(2) of the Crimes Act 1900, with related Form 1 offences?']

Ratio Decidendi

Given the offender's guilty plea, lack of prior record, remorse, family responsibilities, character, and other mitigating factors, balanced against the objective seriousness and financial motivation, a community correction order for 18 months is warranted rather than full-time custody.

Court Disposition

Offender convicted and sentenced to a community correction order for 18 months.

Orders

  • ['The offender is convicted of the offence.' 'Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, the offender is ordered to comply with a community correction order for 18 months commencing 28 March 2019.' 'Standard community correction order conditions: not to commit any offence and to appear...