Solhi v R [2022] NSWCCA 162

Solhi v R [2022] NSWCCA 162

Although the delay in filing the notice of appeal was not adequately explained, the Applicant had maintained instructions to appeal from 1 June 2021 and an extension of time was granted. On the sentence appeal, the sentencing judge had addressed and taken into account the Applicant's subjective case, including his absence of prior criminal history, plea, remorse, age, prospects of rehabilitation, isolation in custody, and the impact on his family in Iran. Given the objective seriousness of the importation and trafficking offences, those subjective matters did not show that the lengthy term of full-time imprisonment was unreasonable, plainly unjust or outside the available range. The...

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Extend Time and Application for Leave to Appeal Against Sentence From the District Court at Sydney
Outcome
Leave to extend time and leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['importing a Commercial Quantity of a Border Controlled Drug' 'trafficking in Controlled Drugs' 'manifest Excess' 'extension of Time' 'subjective Circumstances on Sentence']
['criminal Law' 'criminal Procedure' 'sentencing' 'drug Offences'] ['importing a Commercial Quantity of a Border Controlled Drug' 'trafficking in Controlled Drugs' 'manifest Excess' 'extension of Time' 'subjective Circumstances on Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Extend Time and Application for Leave to Appeal Against Sentence From the District Court at Sydney

Legal Issues

  1. 1 ['Whether leave should be granted to file the notice of appeal after expiry of the filing period.' 'Whether leave to appeal against sentence should be granted.' "Whether the aggregate sentence of 10 years and 6 months' imprisonment with a non-parole period of 7 years and 6 months was manifestly excessive." "Whether the sentencing judge gave appropriate weight to the Applicant's subjective case."]

Ratio Decidendi

Although the delay in filing the notice of appeal was not adequately explained, the Applicant had maintained instructions to appeal from 1 June 2021 and an extension of time was granted. On the sentence appeal, the sentencing judge had addressed and taken into account the Applicant's subjective case, including his absence of prior criminal history, plea, remorse, age, prospects of rehabilitation, isolation in custody, and the impact on his family in Iran. Given the objective seriousness of the importation and trafficking offences, those subjective matters did not show that the lengthy term of full-time imprisonment was unreasonable, plainly unjust or outside the available range. The...

Court Disposition

Leave to extend time and leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to extend the time for filing of the application for leave to appeal is granted.' 'Leave to appeal against sentence is granted.' 'The appeal is dismissed.']