Al Masri v R [2020] NSWCCA 1

Al Masri v R [2020] NSWCCA 1

The sentence was not manifestly excessive because the offending was very serious, involved three serious aggravating circumstances, ruthless violence against the female victim in her home, deprivation of liberty and actual bodily harm, and the applicant's subjective case was limited by the sentencing judge's scepticism about remorse, responsibility, insight, prospects of rehabilitation and likelihood of reoffending. The comparative cases and sentencing statistics did not provide a useful yardstick showing that the sentence was unreasonable or plainly unjust.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'aggravated Break, Enter and Commit a Serious Indictable Offence' 'use of Sentencing Statistics' 'comparable Cases' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manifest Excess' 'aggravated Break, Enter and Commit a Serious Indictable Offence' 'use of Sentencing Statistics' 'comparable Cases' 'guilty Plea Discount']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentence for aggravated break, enter and commit a serious indictable offence was manifestly excessive.' 'What use could be made of sentencing statistics and comparable cases in assessing manifest excess.']

Ratio Decidendi

The sentence was not manifestly excessive because the offending was very serious, involved three serious aggravating circumstances, ruthless violence against the female victim in her home, deprivation of liberty and actual bodily harm, and the applicant's subjective case was limited by the sentencing judge's scepticism about remorse, responsibility, insight, prospects of rehabilitation and likelihood of reoffending. The comparative cases and sentencing statistics did not provide a useful yardstick showing that the sentence was unreasonable or plainly unjust.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']