Hussein v R [2020] NSWCCA 342

Hussein v R [2020] NSWCCA 342

The sentencing judge did not treat financial gain as an aggravating factor; there was no ambiguity or error in the sentencing reasons; ground of appeal not made out.

Parties
Applicant: Ali Hussein; Respondent: Regina
Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence; Appeal Against Sentence
Outcome
Extension of time to file appeal refused; appeal dismissed
Legal Topics
Sentence, Appeal, Supply of Prohibited Drug, Aggravating Factors, Extension of Time
Criminal Law Sentence Appeal Supply of Prohibited Drug Aggravating Factors Extension of Time

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Parties

Ali Hussein

Applicant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentencing judge erred in treating financial gain as an aggravating factor
  2. 2 Whether there was ambiguity in the sentencing judge's reasons so as to amount to error

Ratio Decidendi

The sentencing judge did not treat financial gain as an aggravating factor; there was no ambiguity or error in the sentencing reasons; ground of appeal not made out.

Court Disposition

Extension of time to file appeal refused; appeal dismissed

Orders

  • An extension of time in which to file an application for leave to appeal against sentence is refused.
  • The appeal is dismissed.