El Masri v R [2022] NSWCCA 27

El Masri v R [2022] NSWCCA 27

The sentencing judge's assessment of objective seriousness was open on the facts; the principle of parity did not strictly apply due to different charges and circumstances between the applicant and related offenders; nevertheless, given statistics, comparable cases, and the applicant's strong subjective case, the sentence imposed was manifestly excessive and should be set aside.

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Criminal Appeal / Court of Criminal Appeal (sentence Appeal)
Outcome
Appeal allowed; sentence quashed; resentenced
Legal Topics
['sentence Appeal' 'supplying Prohibited Drugs' 'ongoing Drug Supply' 'objective Seriousness' 'parity Principle' 'manifest Excess' 'sentencing Discretion']
['criminal Law'] ['sentence Appeal' 'supplying Prohibited Drugs' 'ongoing Drug Supply' 'objective Seriousness' 'parity Principle' 'manifest Excess' 'sentencing Discretion']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal (sentence Appeal)

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offending' 'Whether the sentencing judge failed to apply the principle of parity between the applicant and other related offenders' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge's assessment of objective seriousness was open on the facts; the principle of parity did not strictly apply due to different charges and circumstances between the applicant and related offenders; nevertheless, given statistics, comparable cases, and the applicant's strong subjective case, the sentence imposed was manifestly excessive and should be set aside.

Court Disposition

Appeal allowed; sentence quashed; resentenced

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Quash the sentence imposed in the District Court on 18 June 2020.' 'In lieu, sentence the appellant to a non-parole period of 3 years and 8 months commencing 24 July 2018 and expiring 23 March 2022, with a balance of term of 1 year and 6 months expiring 23 September...