Ali Osman v R [2008] NSWCCA 157

Ali Osman v R [2008] NSWCCA 157

There was no error in the sentencing judge treating the applicant and Cheikh as having similar criminality for sentencing purposes, considering the applicant's aggravating factors and additional offending. The sentence imposed on the applicant was not manifestly excessive and did not create an unjustifiable sense of grievance, even accounting for the leniency extended to the co-offender due to double jeopardy on a Crown appeal. The appeal is therefore dismissed.

Parties
Applicant: Ali Osman; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 July 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Supplying Drugs, Parity Between Co Offenders, Double Jeopardy, Medical Circumstances in Sentencing
Criminal Law Sentence Appeal Supplying Drugs Parity Between Co Offenders Double Jeopardy Medical Circumstances in Sentencing

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Parties

Ali Osman

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed upon the applicant was manifestly excessive
  2. 2 Whether there is a justified sense of grievance due to parity with sentence imposed on co-offender after Crown appeal

Ratio Decidendi

There was no error in the sentencing judge treating the applicant and Cheikh as having similar criminality for sentencing purposes, considering the applicant's aggravating factors and additional offending. The sentence imposed on the applicant was not manifestly excessive and did not create an unjustifiable sense of grievance, even accounting for the leniency extended to the co-offender due to double jeopardy on a Crown appeal. The appeal is therefore dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • Appeal is dismissed.