Aliabadi v R [2020] NSWCCA 224

Aliabadi v R [2020] NSWCCA 224

Leave to appeal was refused because no House v The King error was demonstrated in the sentencing judge's assessment of objective seriousness. The assessments of counts 1, 2 and 3 accorded with submissions made by the applicant's trial counsel at sentence, and the sentencing judge's brief ex tempore reasons sufficiently exposed the basis for the assessments.

Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Sentence Appeal in Criminal Proceedings / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused.
Legal Topics
['appeal Against Sentence' 'assessment of Objective Seriousness' 'adequacy of Reasons' 'indecent Assault' 'sexual Intercourse Without Consent' 'house V the King Error']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'assessment of Objective Seriousness' 'adequacy of Reasons' 'indecent Assault' 'sexual Intercourse Without Consent' 'house V the King Error']

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Procedural Posture

Sentence Appeal in Criminal Proceedings / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing count 3 as just below mid-range in objective seriousness.' 'Whether the sentencing judge erred in assessing counts 1 and 2 as below mid-range in objective seriousness.' 'Whether the sentencing judge gave inadequate reasons for the assessment of objective seriousness for count 3.']

Ratio Decidendi

Leave to appeal was refused because no House v The King error was demonstrated in the sentencing judge's assessment of objective seriousness. The assessments of counts 1, 2 and 3 accorded with submissions made by the applicant's trial counsel at sentence, and the sentencing judge's brief ex tempore reasons sufficiently exposed the basis for the assessments.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']