Ibrahim v R [2020] NSWCCA 241

Ibrahim v R [2020] NSWCCA 241

Leave to appeal was refused because the utilitarian value of the applicant's late guilty plea was negligible, and the 10% discount allowed by the sentencing judge was sufficient; no lesser sentence would be warranted in law even if leave were granted.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Appeal Against Sentence / Application for Leave to Appeal (refused)
Outcome
Leave to appeal refused.
Legal Topics
['appeal Against Sentence' 'utilitarian Value of Guilty Plea' 'discount for Guilty Plea' 'late Plea' 'leave to Appeal Out of Time']
['criminal Law'] ['appeal Against Sentence' 'utilitarian Value of Guilty Plea' 'discount for Guilty Plea' 'late Plea' 'leave to Appeal Out of Time']

Case Brief

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Procedural Posture

Appeal Against Sentence / Application for Leave to Appeal (refused)

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to take into account the utilitarian value of the guilty plea' 'Whether a lesser sentence is warranted by reason of such error']

Ratio Decidendi

Leave to appeal was refused because the utilitarian value of the applicant's late guilty plea was negligible, and the 10% discount allowed by the sentencing judge was sufficient; no lesser sentence would be warranted in law even if leave were granted.

Court Disposition

Leave to appeal refused.

Orders

  • ['Application for leave to appeal refused.']