Ishaq v R [2023] NSWCCA 178

Ishaq v R [2023] NSWCCA 178

The sentence imposed was not manifestly excessive; the aggregate sentence reflected appropriate concurrency and took into account objective and subjective seriousness, statutory aggravating features, and the inherent leniency of an ICO. Value of goods sold was only one factor. Appeal dismissed.

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'dealing With Identification Information' 'recklessly Dealing With Proceeds of Crime' 'manifestly Excessive Sentence' 'intensive Correction Order']
['criminal Law'] ['appeal Against Sentence' 'dealing With Identification Information' 'recklessly Dealing With Proceeds of Crime' 'manifestly Excessive Sentence' 'intensive Correction Order']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Appropriateness of indicative and aggregate sentences for offences under Crimes Act 1900 (NSW)' 'Factors relevant to objective and subjective seriousness of offending' 'Correct approach to aggregate sentencing and indicative sentences']

Ratio Decidendi

The sentence imposed was not manifestly excessive; the aggregate sentence reflected appropriate concurrency and took into account objective and subjective seriousness, statutory aggravating features, and the inherent leniency of an ICO. Value of goods sold was only one factor. Appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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