Ahmad v R [2019] NSWCCA 198

Ahmad v R [2019] NSWCCA 198

Neither ground of appeal (manifest excess or parity) was made out. The sentence for possession of prohibited drug was within the available range considering the facts and applicant's circumstances; disparity in sentences with co-offender El-Khair was justified by differences in roles and charges.

Jurisdiction
Australia
Judgment Date
26 August 2019
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentence Appeal' 'commonwealth Drug Offences' 'state Drug and Fraud Offences' 'manifest Excess' 'parity']
['criminal Law'] ['sentence Appeal' 'commonwealth Drug Offences' 'state Drug and Fraud Offences' 'manifest Excess' 'parity']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence for possession of prohibited drug was manifestly excessive' 'Whether disparity between sentences imposed on applicant and co-offender gave rise to a legitimate sense of grievance']

Ratio Decidendi

Neither ground of appeal (manifest excess or parity) was made out. The sentence for possession of prohibited drug was within the available range considering the facts and applicant's circumstances; disparity in sentences with co-offender El-Khair was justified by differences in roles and charges.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Appeal dismissed']