Lami v R [2021] NSWCCA 295

Lami v R [2021] NSWCCA 295

Leave to appeal was granted, but the appeal was dismissed because the sentencing judge took the relevant matters into account, the assessment that the offending was below the middle of the range was open, the actual amount dealt with was relevant to objective gravity notwithstanding the applicant's belief as to a lower amount, no House error was established, general deterrence did not inform the assessment of objective seriousness, and the sentence was not outside the legitimate bounds of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'objective Seriousness' 'general Deterrence' 'dealing With Proceeds of Crime' 'absolute Liability as to Value of Property']
['criminal Law' 'sentencing' 'criminal Appeals'] ['appeal Against Sentence' 'objective Seriousness' 'general Deterrence' 'dealing With Proceeds of Crime' 'absolute Liability as to Value of Property']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the objective seriousness of the applicant's offending by failing to give appropriate weight to mitigating circumstances" 'Whether the sentencing judge erred by giving undue and overwhelming weight to general deterrence' 'Whether the sentence imposed was outside the legitimate bounds of the sentencing discretion']

Ratio Decidendi

Leave to appeal was granted, but the appeal was dismissed because the sentencing judge took the relevant matters into account, the assessment that the offending was below the middle of the range was open, the actual amount dealt with was relevant to objective gravity notwithstanding the applicant's belief as to a lower amount, no House error was established, general deterrence did not inform the assessment of objective seriousness, and the sentence was not outside the legitimate bounds of the sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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