Hassoun v R [2023] NSWCCA 5

Hassoun v R [2023] NSWCCA 5

The applicant's offending was as part of a coordinated syndicate and the sentencing judge considered both the objective gravity and subjective circumstances of all co-offenders; the limited differentiation in sentence did not give rise to a justifiable sense of grievance or miscarry the sentencing discretion. The...

Source-derived case information.

Parties
Applicant: Nouril Hassoun; Respondent: Crown
Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed (leave to appeal granted)
Legal Topics
Appeal Against Sentence, Parity, Drug Offences, Supply of Prohibited Drug, Sentencing Discretion
Criminal Law Appeal Against Sentence Parity Drug Offences Supply of Prohibited Drug Sentencing Discretion

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Parties

Nouril Hassoun

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the applicant gave rise to a justifiable sense of grievance compared to co-offenders
  2. 2 Whether sentencing discretion miscarried due to lack of differentiation in objective and subjective features among co-offenders

Ratio Decidendi

The applicant's offending was as part of a coordinated syndicate and the sentencing judge considered both the objective gravity and subjective circumstances of all co-offenders; the limited differentiation in sentence did not give rise to a justifiable sense of grievance or miscarry the sentencing discretion. The applicant's role and criminality were properly considered relative to those of his co-offenders.

Court Disposition

appeal dismissed (leave to appeal granted)

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.