SLEIMAN v R [2008] NSWCCA 117

SLEIMAN v R [2008] NSWCCA 117

The appeal was dismissed because none of the grounds advanced by the applicant were made out: there was no parity error, no material breach of procedural fairness from the judge’s remarks, no compelling special circumstances, and the sentence imposed was within her Honour’s discretion, particularly given the gravity and circumstances of the offence.

Parties
Applicant: Fadi Sleiman; Respondent: R (The Crown)
Jurisdiction
Australia
Judgment Date
02 June 2008
Procedural Posture
Criminal / Sentence Appeal; Application for Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Appeal Against Sentence, Parity, Manifest Excess, Special Circumstances, Procedural Fairness
Criminal Law Sentencing Appeal Against Sentence Parity Manifest Excess Special Circumstances Procedural Fairness

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Parties

Fadi Sleiman

Applicant

R (The Crown)

Respondent

Procedural Posture

Criminal / Sentence Appeal; Application for Leave and Substantive Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether there was unjustified disparity between the sentence imposed on the applicant and the co-offender
  3. 3 Whether the sentencing judge erred in factual findings not supported by evidence before her

Ratio Decidendi

The appeal was dismissed because none of the grounds advanced by the applicant were made out: there was no parity error, no material breach of procedural fairness from the judge’s remarks, no compelling special circumstances, and the sentence imposed was within her Honour’s discretion, particularly given the gravity and circumstances of the offence.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence dismissed