Aboud v R [2020] NSWSC 1648

Aboud v R [2020] NSWSC 1648

There appears to be a doubt or question about a mitigating circumstance in sentencing due to arguable commission of 'Xiao error'; referral to the Court of Criminal Appeal is warranted to determine the question authoritatively.

Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Application for Judicial Inquiry Into Sentence / Referral to Court of Criminal Appeal
Outcome
Referral granted
Legal Topics
['sentencing' 'federal Offences' 'utilitarian Discount' 'application for Inquiry' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'federal Offences' 'utilitarian Discount' 'application for Inquiry' 'appeal Against Sentence']

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Procedural Posture

Application for Judicial Inquiry Into Sentence / Referral to Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to consider the utilitarian discount for a guilty plea in Commonwealth offences per Xiao v R' 'Whether there is a doubt or question about mitigating circumstances under s 79(2) of the Crimes (Appeal and Review) Act 2001 (NSW)']

Ratio Decidendi

There appears to be a doubt or question about a mitigating circumstance in sentencing due to arguable commission of 'Xiao error'; referral to the Court of Criminal Appeal is warranted to determine the question authoritatively.

Court Disposition

Referral granted

Orders

  • ['Pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), the whole case is referred to the Court of Criminal Appeal, to be dealt with as an appeal against sentence under the Criminal Appeal Act 1912 (NSW)']