Sadiq v R [2023] NSWCCA 25

Sadiq v R [2023] NSWCCA 25

Leave to appeal was granted but the appeal dismissed because there was no error in assessment of objective criminality, the sentence was not manifestly excessive relative to the applicant's involvement and the quantity of drugs, and the differences between the applicant and the co-offender justified any disparity, so the sense of grievance was not made out.

Jurisdiction
Australia
Judgment Date
20 February 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'assessment of Objective Criminality' 'manifestly Excessive Sentence' 'parity']
['criminal Law'] ['appeal Against Sentence' 'assessment of Objective Criminality' 'manifestly Excessive Sentence' 'parity']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Appeal Dismissed

Legal Issues

  1. 1 ['Whether error in assessment of objective criminality' 'Whether sentence is manifestly excessive' 'Whether parity principle required reduction of sentence']

Ratio Decidendi

Leave to appeal was granted but the appeal dismissed because there was no error in assessment of objective criminality, the sentence was not manifestly excessive relative to the applicant's involvement and the quantity of drugs, and the differences between the applicant and the co-offender justified any disparity, so the sense of grievance was not made out.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against the sentence imposed by the District Court on 23 July 2021 granted.' 'Appeal dismissed.']