Sowaid v R [2011] NSWCCA 177

Sowaid v R [2011] NSWCCA 177

The sentencing judge did not err in assessing the objective gravity of the offence or in considering the impact of imprisonment on the applicant and her family. No exceptional circumstances were established to warrant a reduction of sentence.

Jurisdiction
Australia
Judgment Date
08 August 2011
Procedural Posture
Criminal Appeal / Application for Extension of Time and for Leave to Appeal Against Sentence; Decision on Appeal Against Sentence
Outcome
Application for extension of time allowed; leave to appeal granted; appeal dismissed
Legal Topics
['leave to Appeal Against Severity of Sentence' 'dishonestly Causing Loss to Commonwealth Entity' 'importation of Tobacco' 'false Customs Declarations' 'assessment of Objective Gravity' 'family Hardship' 'exceptional Circumstances' 'general Deterrence']
['criminal Law'] ['leave to Appeal Against Severity of Sentence' 'dishonestly Causing Loss to Commonwealth Entity' 'importation of Tobacco' 'false Customs Declarations' 'assessment of Objective Gravity' 'family Hardship' 'exceptional Circumstances' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and for Leave to Appeal Against Sentence; Decision on Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by overstating the objective gravity of the offence' 'Whether the sentencing judge failed to have proper regard to the personal circumstances of the appellant and the impact of imprisonment on her and her family']

Ratio Decidendi

The sentencing judge did not err in assessing the objective gravity of the offence or in considering the impact of imprisonment on the applicant and her family. No exceptional circumstances were established to warrant a reduction of sentence.

Court Disposition

Application for extension of time allowed; leave to appeal granted; appeal dismissed

Orders

  • ['Grants the applicant an extension of time within which to seek leave to appeal against her sentence.' 'Grants leave to appeal.' 'Dismiss the appeal.']