Regina v Salim SABOUNE [2005] NSWCCA 92

Regina v Salim SABOUNE [2005] NSWCCA 92

No error in principle or assessment by the sentencing judge was demonstrated. Each of the applicant’s concerns was appropriately considered, and the sentences imposed fell within a proper range. No basis for appellate intervention was established.

Jurisdiction
Australia
Judgment Date
10 March 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'break and Enter' 'remorse and Contrition' 'drug Addiction and Offending' 'family Hardship' 'delay in Prosecution' 'appeals Against Sentence']
['criminal Law'] ['sentencing' 'break and Enter' 'remorse and Contrition' 'drug Addiction and Offending' 'family Hardship' 'delay in Prosecution' 'appeals Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Determination

Legal Issues

  1. 1 ['Whether the sentence imposed was excessive' 'Whether the sentencing judge failed to take into account relevant factors (remorse, drug addiction, rehabilitation efforts, family hardship, delay)' 'Whether any error of principle was made by the sentencing judge']

Ratio Decidendi

No error in principle or assessment by the sentencing judge was demonstrated. Each of the applicant’s concerns was appropriately considered, and the sentences imposed fell within a proper range. No basis for appellate intervention was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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