Alenezi v R [2023] NSWCCA 283

Alenezi v R [2023] NSWCCA 283

Leave was granted, but the appeal was dismissed because the sentencing judge's assessment that the offence was above midrange was open and disclosed no specific error; the judge considered the material on remorse, rehabilitation and reoffending but was not bound to make favourable findings based on untested statements; and the sentence, after allowing for the early guilty plea and special circumstances, was not shown to be manifestly excessive in light of the offending and comparable authorities.

Jurisdiction
Australia
Judgment Date
13 November 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Leave to Rely on Notice of Appeal Filed Out of Time
Outcome
Leave granted to rely on the notice of appeal filed on 31 July 2023; leave granted to appeal against sentence; appeal dismissed.
Legal Topics
['sexual Intercourse Without Consent' 'objective Seriousness' 'recklessness as to Consent' 'mitigating Factors' 'remorse' 'risk of Reoffending' 'prospects of Rehabilitation' 'manifest Excess' 'extension of Time' 'leave to Appeal']
['criminal Law' 'sentencing' 'criminal Procedure'] ['sexual Intercourse Without Consent' 'objective Seriousness' 'recklessness as to Consent' 'mitigating Factors' 'remorse' 'risk of Reoffending' 'prospects of Rehabilitation' 'manifest Excess' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Leave to Rely on Notice of Appeal Filed Out of Time

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offence as above midrange where the applicant was reckless as to consent.' "Whether the sentencing judge erred by failing to make findings about the applicant's remorse, risk of reoffending and prospects of rehabilitation." 'Whether the sentence imposed was manifestly excessive.' 'Whether leave should be granted to rely upon the notice of appeal filed after the filing period.']

Ratio Decidendi

Leave was granted, but the appeal was dismissed because the sentencing judge's assessment that the offence was above midrange was open and disclosed no specific error; the judge considered the material on remorse, rehabilitation and reoffending but was not bound to make favourable findings based on untested statements; and the sentence, after allowing for the early guilty plea and special circumstances, was not shown to be manifestly excessive in light of the offending and comparable authorities.

Court Disposition

Leave granted to rely on the notice of appeal filed on 31 July 2023; leave granted to appeal against sentence; appeal dismissed.

Orders

  • ['Grant leave to the applicant to rely upon the notice of appeal filed on 31 July 2023.' 'Grant the applicant leave to appeal against the sentence imposed on him in the District Court on 8 October 2021.' 'Dismiss the appeal.']