Salim v R [2021] NSWCCA 216

Salim v R [2021] NSWCCA 216

The sentencing judge did not err in the approach to special circumstances or in the adjustment of the non-parole period; the absence of express commentary on certain factors did not establish error, and the degree of adjustment was within discretion, so the appeal against sentence fails.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Sentence Appeal (leave to Appeal and Disposition)
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'special Circumstances' 'non Parole Period' 'aggregate Sentences' 'sentencing Discretion']
['criminal Law'] ['appeal Against Sentence' 'special Circumstances' 'non Parole Period' 'aggregate Sentences' 'sentencing Discretion']

Source-derived case record

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Sentence Appeal (leave to Appeal and Disposition)

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account special circumstances in assessment of the non-parole period' 'Whether the sentencing judge erred in adjusting the non-parole period after finding special circumstances']

Ratio Decidendi

The sentencing judge did not err in the approach to special circumstances or in the adjustment of the non-parole period; the absence of express commentary on certain factors did not establish error, and the degree of adjustment was within discretion, so the appeal against sentence fails.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']