Abdulrahman v R [2016] NSWCCA 192

Abdulrahman v R [2016] NSWCCA 192

The sentencing judge erred by treating the Form 1 offence and the applicant's prior record as aggravating the objective seriousness of the principal offence; however, upon re-exercise of the sentencing discretion, no lesser sentence is warranted in law given the objective seriousness and the applicant’s circumstances; therefore, the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
29 August 2016
Procedural Posture
Criminal Law – Sentence Appeal / Court of Criminal Appeal Decision on Application for Leave to Appeal and Re Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'appeal Against Sentence' 'aggravated Break and Enter' 'form 1 Offences' 'objective Seriousness' 'retribution' 'youth Offenders']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'aggravated Break and Enter' 'form 1 Offences' 'objective Seriousness' 'retribution' 'youth Offenders']

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Procedural Posture

Criminal Law – Sentence Appeal / Court of Criminal Appeal Decision on Application for Leave to Appeal and Re Sentence

Legal Issues

  1. 1 ['Whether error occurred in refusing adjournment for psychological report' 'Whether error occurred in assessment of objective seriousness of offence' 'Whether error in treating Form 1 offence as adding to inherent criminality' 'Whether prior record aggravated the present offence' 'Whether error in reference to retribution' "Whether adequate regard was paid to applicant's youth in sentencing" 'Whether lesser sentence should be imposed']

Ratio Decidendi

The sentencing judge erred by treating the Form 1 offence and the applicant's prior record as aggravating the objective seriousness of the principal offence; however, upon re-exercise of the sentencing discretion, no lesser sentence is warranted in law given the objective seriousness and the applicant’s circumstances; therefore, the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']