Aktar v R [2015] NSWCCA 123
The applicant failed to demonstrate any error in the sentencing judge’s exercise of discretion in relation to accumulation of sentences, adjustment for special circumstances, application of s.21A(2)(eb), or assessment of objective seriousness; the sentences imposed were not manifestly excessive.
- Parties
- Applicant: Aktar Ali; Respondent Crown: Regina
- Jurisdiction
- Australia
- Judgment Date
- 29 May 2015
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence
- Outcome
- Leave to appeal is refused
- Legal Topics
- Appeal Against Sentence, Indecent Assault, Assessment of Objective Seriousness, Degree of Concurrency of Sentence, Special Circumstances in Sentencing, Application of Crimes (sentencing Procedure) Act 1999 S 21 A(2)(eb)
Case Brief
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Parties
Aktar Ali
Applicant
Regina
Respondent Crown
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether the sentencing judge erred in ordering accumulation of sentences
- 3 Whether sufficient allowance was made for special circumstances under s.44(2) Crimes (Sentencing Procedure) Act 1999
Ratio Decidendi
The applicant failed to demonstrate any error in the sentencing judge’s exercise of discretion in relation to accumulation of sentences, adjustment for special circumstances, application of s.21A(2)(eb), or assessment of objective seriousness; the sentences imposed were not manifestly excessive.
Court Disposition
Leave to appeal is refused
Orders
- Leave to appeal is refused
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