Ali v R [2021] NSWCCA 174

Ali v R [2021] NSWCCA 174

The sentencing judge's conclusion that there was no basis for finding that any of the weapons had been used in criminal activity was a complete and adequate response to the submission that the shotgun was not intended for or connected with criminal enterprise or offending. The judge did not proceed on the basis that the shotgun was intended for criminal activity, his reasons sufficiently exposed the matters taken into account, and no sentencing error or miscarriage of discretion was demonstrated.

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Criminal Sentence Appeal Against Severity of Sentence / Application for Leave to Appeal to the Court of Criminal Appeal From Wagga Wagga District Court
Outcome
Leave to appeal refused.
Legal Topics
['firearms Offences' 'possessing a Shortened Firearm' 'loaded Firearm in a Public Place' 'objective Seriousness' 'aggregate Sentence' 'sentencing Reasons']
['criminal Law' 'sentencing'] ['firearms Offences' 'possessing a Shortened Firearm' 'loaded Firearm in a Public Place' 'objective Seriousness' 'aggregate Sentence' 'sentencing Reasons']

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Procedural Posture

Criminal Sentence Appeal Against Severity of Sentence / Application for Leave to Appeal to the Court of Criminal Appeal From Wagga Wagga District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the firearms offences as within the mid-range of seriousness.' 'Whether the sentencing judge failed to address the submission that the firearm was not intended for, nor connected with, criminal enterprise or offending.' 'Whether any failure to refer to that matter meant the sentencing discretion miscarried.']

Ratio Decidendi

The sentencing judge's conclusion that there was no basis for finding that any of the weapons had been used in criminal activity was a complete and adequate response to the submission that the shotgun was not intended for or connected with criminal enterprise or offending. The judge did not proceed on the basis that the shotgun was intended for criminal activity, his reasons sufficiently exposed the matters taken into account, and no sentencing error or miscarriage of discretion was demonstrated.

Court Disposition

Leave to appeal refused.

Orders

  • ['Refuse leave to appeal']