Regina v Aslan [2005] NSWCCA 121

Regina v Aslan [2005] NSWCCA 121

The sentences imposed did not exceed the proper exercise of the sentencing judge's discretion given the seriousness and nature of the offences, the aggravating factors, the lack of persuasive parity argument, and sufficient consideration of subjective circumstances.

Parties
Prosecutor: Regina; Applicant: Tarek Aslan
Jurisdiction
Australia
Judgment Date
04 April 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Judgment
Outcome
appeal dismissed
Legal Topics
Sentence Severity, Drug Offences, Firearms Offences, Aggravating Factors, Parity, Subjective Circumstances
Criminal Law Sentence Severity Drug Offences Firearms Offences Aggravating Factors Parity Subjective Circumstances

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Parties

Regina

Prosecutor

Tarek Aslan

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Judgment

Legal Issues

  1. 1 Was the total sentence imposed upon the applicant unduly harsh or severe?
  2. 2 Did the trial judge err in assessing aggravating circumstances, including lack of regard for public safety?
  3. 3 Did the trial judge err in comparing the applicant's sentence with that of a co-offender (parity)?

Ratio Decidendi

The sentences imposed did not exceed the proper exercise of the sentencing judge's discretion given the seriousness and nature of the offences, the aggravating factors, the lack of persuasive parity argument, and sufficient consideration of subjective circumstances.

Court Disposition

appeal dismissed

Orders

  • Application for leave to appeal against sentence granted
  • Appeal dismissed