Salama v R [2023] NSWCCA 141

Salama v R [2023] NSWCCA 141

Although the sentencing judge erred by taking into account evidence not properly before the court, the gravity of the applicant's offending and his role were such that no lesser sentence was warranted on re-sentencing. The aggregate sentence imposed was within range.

Parties
Applicant: Mark Salama; Respondent: Rex
Jurisdiction
Australia
Judgment Date
21 June 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Hearing and Final Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Possess Precursor Intending Use in Manufacture of Prohibited Drug, Sentencing Error, Objective Gravity of Offending, Re Sentencing, Form 1 Offences
Criminal Law Appeal Against Sentence Possess Precursor Intending Use in Manufacture of Prohibited Drug Sentencing Error Objective Gravity of Offending Re Sentencing Form 1 Offences

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Parties

Mark Salama

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Hearing and Final Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred by taking into account material not properly before the sentencing court (factual findings not available on the evidence)
  2. 2 Whether the sentencing judge erred in finding that the applicant's objective offending was 'more towards the area of the mid-range'
  3. 3 Whether the aggregate sentence imposed was manifestly excessive

Ratio Decidendi

Although the sentencing judge erred by taking into account evidence not properly before the court, the gravity of the applicant's offending and his role were such that no lesser sentence was warranted on re-sentencing. The aggregate sentence imposed was within range.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted
  • The appeal is dismissed