Abousleiman v R [2021] NSWCCA 110
The sentence, though at the upper end of the permissible range, was within the proper exercise of sentencing discretion; the judge gave careful consideration to the applicant's subjective case, rehabilitation and special circumstances. The ground of manifest excess was not made out and no error in principle was identified.
- Jurisdiction
- Australia
- Judgment Date
- 04 June 2021
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence, Leave to Appeal Granted
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['appeal Against Sentence' 'manifest Excess' 'drug Supply' 'ongoing Supply of Cocaine' 'commercial Quantity Mdma' 'sentencing Discretion' 'rehabilitation' 'personal Circumstances']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence, Leave to Appeal Granted
Legal Issues
- 1 ['Whether the aggregate sentence imposed was manifestly excessive' "Whether the sentencing judge erred in assessing the applicant's subjective circumstances and rehabilitation" 'Whether sentencing discretion was properly exercised given the facts']
Ratio Decidendi
The sentence, though at the upper end of the permissible range, was within the proper exercise of sentencing discretion; the judge gave careful consideration to the applicant's subjective case, rehabilitation and special circumstances. The ground of manifest excess was not made out and no error in principle was identified.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
Full Case Text
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