Muhammad Jehangir KHAN v R [2012] NSWCCA 132

Muhammad Jehangir KHAN v R [2012] NSWCCA 132

The sentences imposed were at the lower end for such offences and reflected appropriate consideration of objective seriousness, personal circumstances, and totality; no manifest excess, no misapplication of principle or irrational disparity occurred; no justifiable sense of grievance is made out compared to co-offenders.

Jurisdiction
Australia
Judgment Date
28 June 2012
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal
Outcome
leave to appeal granted, appeal dismissed
Legal Topics
['sentencing' 'parity' 'manifest Excess' 'totality Principle' 'identity Fraud']
['criminal Law'] ['sentencing' 'parity' 'manifest Excess' 'totality Principle' 'identity Fraud']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the totality principle was correctly applied' 'Whether the disparity with a co-offender created a justifiable sense of grievance']

Ratio Decidendi

The sentences imposed were at the lower end for such offences and reflected appropriate consideration of objective seriousness, personal circumstances, and totality; no manifest excess, no misapplication of principle or irrational disparity occurred; no justifiable sense of grievance is made out compared to co-offenders.

Court Disposition

leave to appeal granted, appeal dismissed

Orders

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