Rami Mohamad v Regina [2005] NSWCCA 406

Rami Mohamad v Regina [2005] NSWCCA 406

Although the sentencing judge erred by rejecting the uncontested proposition that the applicant was acting as an intermediary without first raising the issue, the error did not warrant intervention because even as a go-between the applicant could have been in no doubt that the firearms were being purchased for an unlawful end and his criminality was not significantly less. The references to pistols did not affect the sentence because the judge was aware of the five-year maximum for the offence charged and corrected the description to firearms. Given the seriousness of the well organised attempted purchase of 18 firearms and the importance of general deterrence, the refusal to suspend the...

Jurisdiction
Australia
Judgment Date
28 November 2005
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Guilty Plea and Sentence in the District Court
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
['attempt to Purchase Firearms' 'findings of Fact in Sentence Proceedings' 'crown Concession on Facts' 'suspended Sentence' 'general Deterrence' 'de Simoni Principle']
['criminal Law' 'sentencing' 'firearms Offences'] ['attempt to Purchase Firearms' 'findings of Fact in Sentence Proceedings' 'crown Concession on Facts' 'suspended Sentence' 'general Deterrence' 'de Simoni Principle']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Guilty Plea and Sentence in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred by rejecting the proposition that the applicant was acting as a go-between after the Crown prosecutor had said it was not in contest.' 'Whether the sentencing judge erred by referring to the firearms as pistols when the agreed facts referred to firearms.' 'Whether the sentence of two years imprisonment with a non-parole period of fifteen months should have been suspended.']

Ratio Decidendi

Although the sentencing judge erred by rejecting the uncontested proposition that the applicant was acting as an intermediary without first raising the issue, the error did not warrant intervention because even as a go-between the applicant could have been in no doubt that the firearms were being purchased for an unlawful end and his criminality was not significantly less. The references to pistols did not affect the sentence because the judge was aware of the five-year maximum for the offence charged and corrected the description to firearms. Given the seriousness of the well organised attempted purchase of 18 firearms and the importance of general deterrence, the refusal to suspend the...

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']