Abdaly v The King

Case [2025] NSWCCA 127


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Abdaly v R [2025] NSWCCA 127
Hearing dates: 6 August 2025
Decision date: 22 August 2025
Before: Bell CJ at [1];
Price AJA at [2];
Ierace J at [3]
Decision:

(1)   Grant leave to extend time to file the notice of appeal.

(2)   Grant leave to appeal.

(3)   Dismiss the appeal.

Catchwords:

CRIME — Appeals — Appeal against sentence — Where applicant member of organised criminal group — Where applicant spent unusually long period on remand — Where imposition of two discrete aggregate sentences rather than one overall aggregate sentence — Whether sentencing judge failed to take into account certain periods of applicant’s remand period

Legislation Cited:

Crimes Act 1900 (NSW), ss 93T(1), 93X(1)

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 24, 24(a), 45(1)(c), 47, 47(3), 66, 66(1), 66(2), 66(3)

Drug Misuse and Trafficking Act 1985 (NSW), s 25(1)

Cases Cited:

Fuller v R [2023] NSWCCA 282

Kaddour v R [2017] NSWCCA 294

Kaderavek v R [2018] NSWCCA 92

Kljaic v R [2023] NSWCCA 225

McMillan v R [2024] NSWCCA 83

Miller v R [2023] NSWCCA 267

RO v R [2019] NSWCCA 183

Category:Principal judgment
Parties: Sayed Anush Abdaly (Applicant)
Rex (Respondent)
Representation:

Counsel:
P Lange (Applicant)
S Healy (Respondent)

Solicitors:
One Group Legal (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2016/358130; 2016/381616; 2017/192038
 Decision under appeal 
Court or tribunal:
District Court
Date of Decision:
24 November 2023
Before:
Whitford SC DCJ
File Number(s):
2016/358130; 2016/381616; 2017/192038

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 24 November 2023, Sayed Anush Abdaly (the applicant) was sentenced by Whitford SC DCJ to two aggregate sentences in respect of the following offences: participate in a criminal group, contrary to s 93T(1) of the Crimes Act 1900 (NSW) (count 1); supply an indictable quantity of a prohibited drug (methylamphetamine), contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (count 2); supply an indictable quantity of a prohibited drug (MDMA), contrary to s 25(1) of the Drug Misuse and Trafficking Act (count 3); and supply a small quantity of a prohibited drug (cannabis), contrary to s 25(1) Drug Misuse and Trafficking Act (count 4). The sentencing court also took into account an offence on a Form 1 for count 1, namely, habitually consorting with convicted offenders, contrary to s 93X(1) of the Crimes Act.

In respect of counts 2 and 3, the applicant received a fixed aggregate sentence of 5 years, backdated to commence on 27 December 2017 and expiring on 26 December 2022. The second aggregate sentence was for counts 1 and 4, for which the applicant received a sentence of imprisonment of 2 years and 6 months, to commence on 24 November 2023 and to expire on 23 May 2026, to be served by way of an intensive correction order (the second sentence).

The applicant sought leave to appeal out of time against the second sentence on…

Continue reading Abdaly v The King

Sign in free to access the full text

Details
AGLC
Abdaly v The King [2025] NSWCCA 127
Case
[2025] NSWCCA 127
Decision Date

CaseChat Overview and Summary

In Abdaly v The King, the applicant, who was a member of an organised criminal group, appealed against his sentence. The primary issue before the court was whether the sentencing judge had failed to take into account certain periods during which the applicant was on remand when determining his sentence. The applicant argued that the judge had imposed two discrete aggregate sentences rather than one overall aggregate sentence, which led to an unduly severe outcome.

The court was required to determine whether the sentencing judge had adequately considered the periods of the applicant's remand time when calculating the overall sentence. The legal issue centred on whether the judge's approach in handling the periods of remand and the aggregate sentences constituted an error that warranted an appeal. The court needed to assess whether the judge's failure to consider certain remand periods had an impact on the overall sentence imposed.

The court found that the sentencing judge had not appropriately considered all periods of the applicant's remand time. It was determined that the judge's imposition of two discrete aggregate sentences rather than one overall aggregate sentence was an error. This error had a significant impact on the severity of the sentence imposed. Consequently, the court allowed the appeal and ordered a re-sentencing, ensuring that all relevant remand periods were taken into account in the overall aggregate sentence.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.