El Katrib v R [2022] NSWCCA 266

El Katrib v R [2022] NSWCCA 266

The applicant did not establish erroneous disparity. The sentencing judge's findings that the applicant lacked insight and contrition were open, and the differences between the applicant and each co-offender in objective role, criminal history, remorse, insight and subjective circumstances justified the sentencing relationships. Ms Elamin's lesser role and extremely compelling subjective case justified her much shorter sentence; the higher starting points for Mr Alebrahimi and Mr Pau'u reflected their roles; and although a smaller difference between the applicant and Mr Humod could have been open, the applicant's worse record, little or no insight, and critical role in recapturing the...

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['appeal Against Sentence' 'parity' 'joint Criminal Enterprise' 'erroneous Disparity' 'justifiable Sense of Grievance' 'subjective Features in Mitigation']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'parity' 'joint Criminal Enterprise' 'erroneous Disparity' 'justifiable Sense of Grievance' 'subjective Features in Mitigation']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant had an objectively justifiable sense of grievance having regard to the sentences imposed on his co-offenders.' "Whether the sentencing judge's findings about the applicant's lack of insight and contrition were open on the evidence." "Whether differences in objective involvement and subjective circumstances justified the disparity between the applicant's sentence and the sentences of his co-offenders."]

Ratio Decidendi

The applicant did not establish erroneous disparity. The sentencing judge's findings that the applicant lacked insight and contrition were open, and the differences between the applicant and each co-offender in objective role, criminal history, remorse, insight and subjective circumstances justified the sentencing relationships. Ms Elamin's lesser role and extremely compelling subjective case justified her much shorter sentence; the higher starting points for Mr Alebrahimi and Mr Pau'u reflected their roles; and although a smaller difference between the applicant and Mr Humod could have been open, the applicant's worse record, little or no insight, and critical role in recapturing the...

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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