Elshaimy v R [2018] NSWCCA 169

Elshaimy v R [2018] NSWCCA 169

The sentencing judge did not err in omitting explicit findings on the applicant's risk of re-offending and prospects of rehabilitation; the judge's reasoning and findings on subjective matters were ample and positive. No objectively justifiable sense of grievance arises from disparity in sentences as differences are explained by appropriate application of sentencing principles.

Parties
Applicant: Adam Mohamad Elshaimy; Respondent: Regina
Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Appeal Against Sentence
Outcome
Appeal dismissed. Extension of time and leave to appeal granted.
Legal Topics
Appeal Against Sentence, Parity Principle, Risk of Re Offending, Prospects of Rehabilitation, Sentencing
Criminal Law Appeal Against Sentence Parity Principle Risk of Re Offending Prospects of Rehabilitation Sentencing

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Parties

Adam Mohamad Elshaimy

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to make findings about the applicant's risk of re-offending and prospects of rehabilitation
  2. 2 Whether the applicant has a justifiable sense of grievance due to sentence disparity with co-offenders

Ratio Decidendi

The sentencing judge did not err in omitting explicit findings on the applicant's risk of re-offending and prospects of rehabilitation; the judge's reasoning and findings on subjective matters were ample and positive. No objectively justifiable sense of grievance arises from disparity in sentences as differences are explained by appropriate application of sentencing principles.

Court Disposition

Appeal dismissed. Extension of time and leave to appeal granted.

Orders

  • Extension of time and leave to appeal granted.
  • Appeal dismissed.