Nasser v R [2017] NSWCCA 104

Nasser v R [2017] NSWCCA 104

The applicant's sentence, although at the high end after discount for the plea, was not manifestly excessive nor unreasonable or plainly unjust in light of the objective seriousness of the offence, statutory aggravating factors, and the level of risk to public safety. The appellate court granted leave but dismissed the appeal, holding that the sentencing judge did not err in discretion.

Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appellate Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'manifestly Excessive Sentence' 'dishonestly Damaging Property by Fire' 'joint Criminal Enterprise' 'statutory Aggravating Factors' 'general Deterrence' 'specific Deterrence' 'objective Seriousness' "assessment of Applicant's Culpability"]
['criminal Law'] ['appeal Against Sentence' 'manifestly Excessive Sentence' 'dishonestly Damaging Property by Fire' 'joint Criminal Enterprise' 'statutory Aggravating Factors' 'general Deterrence' 'specific Deterrence' 'objective Seriousness' "assessment of Applicant's Culpability"]

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appellate Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether sentencing judge's assessment overstated applicant's culpability" 'Impact of statutory aggravating factors and public safety risk' 'General and specific deterrence in sentencing']

Ratio Decidendi

The applicant's sentence, although at the high end after discount for the plea, was not manifestly excessive nor unreasonable or plainly unjust in light of the objective seriousness of the offence, statutory aggravating factors, and the level of risk to public safety. The appellate court granted leave but dismissed the appeal, holding that the sentencing judge did not err in discretion.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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