Ali v R [2011] NSWCCA 184

Ali v R [2011] NSWCCA 184

The sentencing judge erred by not giving effect to the finding of special circumstances. The non-parole period should have been reduced to reflect this finding, and accordingly, a reduction of 2 months in the non-parole period for count 2 was warranted. No other grounds of appeal were made out.

Jurisdiction
Australia
Judgment Date
15 August 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Severity Appeal
Outcome
Leave to appeal granted; appeal allowed in part; sentence for count 2 quashed and re-sentenced.
Legal Topics
['sentencing' 'manifest Excess' 'special Circumstances' 'non Parole Period Adjustment']
['criminal Law'] ['sentencing' 'manifest Excess' 'special Circumstances' 'non Parole Period Adjustment']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Severity Appeal

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether the sentencing judge properly gave effect to a finding of special circumstances under s 44(2) Crimes (Sentencing Procedure) Act 1999' 'Whether errors were made in the discount for the utilitarian value of guilty pleas' 'Whether the non-parole period ratio was properly applied']

Ratio Decidendi

The sentencing judge erred by not giving effect to the finding of special circumstances. The non-parole period should have been reduced to reflect this finding, and accordingly, a reduction of 2 months in the non-parole period for count 2 was warranted. No other grounds of appeal were made out.

Court Disposition

Leave to appeal granted; appeal allowed in part; sentence for count 2 quashed and re-sentenced.

Orders

  • ['Grant the applicant leave to appeal.' 'Appeal allowed in part.' 'Quash the sentence in relation to count 2 and in lieu thereof impose a non-parole period of 9 months to date from 16 November 2010 and to expire on 15 August 2011. The head term of 18 months in respect of that count is confirmed. The first day on...