Amiri v R [2017] NSWCCA 157

Amiri v R [2017] NSWCCA 157

The applicant failed to demonstrate that the sentencing judge’s assessment of objective seriousness was affected by error or that the sentence was manifestly excessive; the original findings and sentence were open and supported on the facts and applicable sentencing principles given the applicant’s persistent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 June 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'attempted Drug and Firearm Possession' 'objective Seriousness' 'manifest Excess' 'gang Related Offences']
['criminal Law'] ['sentence Appeal' 'attempted Drug and Firearm Possession' 'objective Seriousness' 'manifest Excess' 'gang Related Offences']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal Determination

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessment of objective seriousness of the offending' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The applicant failed to demonstrate that the sentencing judge’s assessment of objective seriousness was affected by error or that the sentence was manifestly excessive; the original findings and sentence were open and supported on the facts and applicable sentencing principles given the applicant’s persistent efforts, association with a notorious criminal gang, and the scale of the offending.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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