Khalil v R [2022] NSWCCA 36

Khalil v R [2022] NSWCCA 36

The sentencing judge erred by failing to engage with submissions regarding an intensive correction order and to consider the requirements of s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW). As this error was established, the sentence was quashed and the applicant re-sentenced.

Parties
Applicant: Ali Khalil; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 February 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Re Sentencing
Outcome
Leave to appeal granted; appeal allowed; sentence quashed and re-sentenced.
Legal Topics
Sentencing, Appeals Against Sentence, Illegal Importation of Tobacco, Customs Offences, Recognizance Release Orders, Intensive Correction Orders (ico), Objective Seriousness, Manifest Excess, Community Safety in Sentencing
Criminal Law Sentencing Appeals Against Sentence Illegal Importation of Tobacco Customs Offences Recognizance Release Orders Intensive Correction Orders (ico) Objective Seriousness +2 more

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Parties

Ali Khalil

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 Whether sentencing judge erred in assessment of objective seriousness of offences
  2. 2 Whether sentences imposed were manifestly excessive
  3. 3 Whether sentencing judge failed to have regard to s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) when considering non-custodial alternatives

Ratio Decidendi

The sentencing judge erred by failing to engage with submissions regarding an intensive correction order and to consider the requirements of s 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW). As this error was established, the sentence was quashed and the applicant re-sentenced.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed and re-sentenced.

Orders

  • Leave to appeal granted
  • Appeal allowed