Usmanov v R [2012] NSWDC 290

Usmanov v R [2012] NSWDC 290

The sentence of imprisonment was appropriate given the general deterrence required, but should be suspended in view of the appellant's youth, lack of prior criminal history, and background.

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
['publishing an Indecent Article' 'sentencing' 'appeal Against Sentence' 'general Deterrence']
['criminal Law'] ['publishing an Indecent Article' 'sentencing' 'appeal Against Sentence' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed by the magistrate was appropriate for the offence of publishing an indecent article']

Ratio Decidendi

The sentence of imprisonment was appropriate given the general deterrence required, but should be suspended in view of the appellant's youth, lack of prior criminal history, and background.

Court Disposition

Appeal allowed; sentence varied

Orders

  • ['Appeal allowed against sentence.' 'Order of magistrate set aside.' 'Order for sentence of six months confirmed but suspended on condition of entering into a bond to be of good behaviour for six months.']