Kassoua v R [2017] NSWCCA 307

Kassoua v R [2017] NSWCCA 307

The sentencing judge did not err in failing to state how aggravating or mitigating factors were taken into account or in considering the applicant's expectation of reward as informing the objective seriousness rather than as a discrete aggravating factor. Nor was there error in having regard to the standard non-parole period for the admitted Form 1 offence to assess seriousness, nor in the overall approach to taking the further offence into account. No ground of appeal was made out.

Parties
Applicant: Alla Kassoua; Respondent: Crown
Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Appeal dismissed; leave to appeal granted; extension of time for lodging application granted.
Legal Topics
Sentencing, Aggravating and Mitigating Factors, Standard Non Parole Period, Form 1 Offences, Financial Gain
Criminal Law Sentencing Aggravating and Mitigating Factors Standard Non Parole Period Form 1 Offences Financial Gain

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Parties

Alla Kassoua

Applicant

Crown

Respondent

Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge failed to state how aggravating and mitigating features under s 21A were taken into account
  2. 2 Whether aggravation regarding financial reward was properly considered
  3. 3 Whether the sentencing judge erroneously took into account the standard non-parole period for an admitted offence on Form 1

Ratio Decidendi

The sentencing judge did not err in failing to state how aggravating or mitigating factors were taken into account or in considering the applicant's expectation of reward as informing the objective seriousness rather than as a discrete aggravating factor. Nor was there error in having regard to the standard non-parole period for the admitted Form 1 offence to assess seriousness, nor in the overall approach to taking the further offence into account. No ground of appeal was made out.

Court Disposition

Appeal dismissed; leave to appeal granted; extension of time for lodging application granted.

Orders

  • Extend time for the lodging of the application for leave to appeal to 3 July 2017.
  • Grant leave to appeal.