Ibrahim v R [2022] NSWCCA 134

Ibrahim v R [2022] NSWCCA 134

The sentencing judge did not err in assessing the objective seriousness of the offence or in his treatment of the applicant's deprived background, given findings on the impact of mental health and addiction linked to background, and the sentence imposed was within the available range; thus, grounds of appeal not established and no error demonstrated.

Parties
Applicant: Ahmed Ibrahim; Respondent: Regina
Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence (court of Criminal Appeal, NSW Supreme Court)
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Supply of Prohibited Drugs, Assessment of Objective Seriousness, Moral Culpability and Deprived Background, Manifest Excess
Criminal Law Appeal Against Sentence Supply of Prohibited Drugs Assessment of Objective Seriousness Moral Culpability and Deprived Background Manifest Excess

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Parties

Ahmed Ibrahim

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (court of Criminal Appeal, NSW Supreme Court)

Legal Issues

  1. 1 Whether sentencing judge erred in assessment of objective seriousness of offending (sequence 1)
  2. 2 Whether sentencing judge erred in failing to find that deprived background reduced applicant's moral culpability
  3. 3 Whether sentence imposed was unreasonable or plainly unjust

Ratio Decidendi

The sentencing judge did not err in assessing the objective seriousness of the offence or in his treatment of the applicant's deprived background, given findings on the impact of mental health and addiction linked to background, and the sentence imposed was within the available range; thus, grounds of appeal not established and no error demonstrated.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.