Chandab v R [2021] NSWCCA 186

Chandab v R [2021] NSWCCA 186

It was open to the sentencing judge to assess the objective seriousness of the firearms offence as above mid-range given the loaded, concealed, and defaced weapon, the applicant's status under a Firearms Prohibition Order, and gang membership, regardless of claimed non-criminal purpose. The sentencing discretion was properly exercised and no demonstrated error arose from comparison to other cases.

Jurisdiction
Australia
Judgment Date
11 August 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Post Sentencing
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'drug Offences' 'firearms Offences' 'objective Seriousness' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'drug Offences' 'firearms Offences' 'objective Seriousness' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Post Sentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in concluding that the objective seriousness of the firearms offence was above mid-range' 'Whether the aggregate sentence imposed was manifestly excessive']

Ratio Decidendi

It was open to the sentencing judge to assess the objective seriousness of the firearms offence as above mid-range given the loaded, concealed, and defaced weapon, the applicant's status under a Firearms Prohibition Order, and gang membership, regardless of claimed non-criminal purpose. The sentencing discretion was properly exercised and no demonstrated error arose from comparison to other cases.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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