AYOUB, Omran v R; EL MASRI, Ali v R [2010] NSWCCA 196

AYOUB, Omran v R; EL MASRI, Ali v R [2010] NSWCCA 196

The appeals were dismissed because the sentencing judge did not err in considering the extended detention as relevant to objective seriousness, did not use an impermissible multi-tier sentencing process, gave sufficient reasons, was not required to consider special circumstances where no application was made, took the mitigating factors into account, and imposed sentences that were within the available range and not manifestly unreasonable or unjust.

Jurisdiction
Australia
Judgment Date
06 September 2010
Procedural Posture
Criminal Sentence Appeal / Applications for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
In each matter, leave to appeal granted; in each matter, the appeal is dismissed.
Legal Topics
['detain for Advantage in Circumstances of Aggravation' 'objective Seriousness' 'length and Circumstances of Detention' 'manifest Excess' 'special Circumstances' 'instinctive Synthesis' 'consistency in Sentencing']
['criminal Law' 'sentencing' 'criminal Appeals'] ['detain for Advantage in Circumstances of Aggravation' 'objective Seriousness' 'length and Circumstances of Detention' 'manifest Excess' 'special Circumstances' 'instinctive Synthesis' 'consistency in Sentencing']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Applications for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by treating the length of the victim's detention as relevant to objective seriousness." 'Whether the sentencing judge used an impermissible mechanical or multi-tier sentencing process rather than instinctive synthesis.' 'Whether the sentences of 7 years with non-parole periods of 5 years and 3 months were manifestly excessive.' 'Whether the sentencing judge erred by not finding special circumstances to alter the statutory ratio between the non-parole period and the balance of the sentence.' 'Whether the sentencing judge failed to give sufficient reasons or sufficient weight to mitigating factors.']

Ratio Decidendi

The appeals were dismissed because the sentencing judge did not err in considering the extended detention as relevant to objective seriousness, did not use an impermissible multi-tier sentencing process, gave sufficient reasons, was not required to consider special circumstances where no application was made, took the mitigating factors into account, and imposed sentences that were within the available range and not manifestly unreasonable or unjust.

Court Disposition

In each matter, leave to appeal granted; in each matter, the appeal is dismissed.

Orders

  • ['In each matter, leave to appeal granted.' 'In each matter, the appeal is dismissed.']