Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Abousleiman v R [2021] NSWCCA 110 Hearing dates: 21 April 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Before: Davies J at [1];
Hamill J at [3];
Wilson J at [44]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIMINAL LAW – appeal against sentence - single ground - manifest excess - drug supply - ongoing supply of cocaine - supplying a commercial quantity MDMA - more than a street dealer - strong subjective case - rehabilitation - death of cousins leading to downward spiral - substantial adjustment to standard non-parole period - sentencing discretion - whether sentence plainly wrong or unjust - appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW), s 193(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2)
Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 25A
Cases Cited: Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54
Edwards v R [2021] NSWCCA 57
Glare v R [2015] NSWCCA 194
House v The King (1936) 55 CLR 499; [1936] HCA 40
Lowndes v R (1999) 195 CLR 665; [1999] HCA 29
Category: Principal judgment Parties: Robert Abousleiman (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
J Trevallion (Applicant)
S Traynor (Respondent)
Archbold Gittani Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/363107 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 22 May 2019
- Before:
- Delaney ADCJ
- File Number(s):
- 2017/363107
Judgment
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DAVIES J: Subject to what follows, I agree with Hamill J and the orders he proposes.
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I respectfully do not agree with his Honour's observation at [41] that the aggregate sentence imposed was at the upper end of the range of sentences that could legitimately be imposed for the offences. Whilst the applicant had a compelling subjective case, the applicant had involved himself in serious drug dealing at a higher level than simply street-dealing, not on one occasion, but over a period of time which, according to the Agreed Facts, likely extended beyond the time of the identified supplies that constituted the offences. The supplies which made up Sequence 2 amounted to supplying a commercial quantity of MDMA, albeit not greatly exceeding the threshold, for which the maximum penalty is 20 years' imprisonment with a standard non-parole period of 10 years. Further, as Hamill J noted, the sentencing judge accorded a generous reduction of the statutory ratio so that the non-parole period amounted to approximately 54% of the total sentence.
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HAMILL J: Robert Abousleiman applies for leave to appeal against the sentence imposed on him by Acting Judge Delaney in the Parramatta District Court on 22 May 2019. His Honour imposed an aggregate sentence of 5 years and 6 months with a non-parole period of 3 years for a number of charges arising from the applicant’s drug dealing. The sentence was…
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- AGLC
- Abousleiman v R [2021] NSWCCA 110
- Case
- [2021] NSWCCA 110
- Decision Date
CaseChat Overview and Summary
The court examined the arguments presented by the appellant's counsel, focusing on the principle that a sentence should not be plainly wrong or unjust. The appellant's counsel contended that the sentence was manifestly excessive due to various mitigating factors, including the appellant's rehabilitation efforts and personal circumstances, such as the death of his cousins which led to his downward spiral. The prosecution, however, argued that the sentence was appropriate given the gravity of the offences. The court considered these arguments in light of the principles governing sentencing discretion and the nature of the appellant's criminal conduct.
In its reasoning, the court determined that while the appellant's personal circumstances and efforts at rehabilitation were significant, they did not sufficiently justify a conclusion that the sentence was plainly wrong or unjust. The court noted that the appellant was not merely a street dealer but was involved in the supply of drugs on a larger scale. The court concluded that the lower court had exercised its sentencing discretion appropriately, taking into account all relevant factors, and that the sentence was not manifestly excessive. Consequently, the appeal was dismissed, and the original sentence upheld.
The final orders of the court confirmed the dismissal of the appeal and the maintenance of the sentence imposed by the lower court. The court did not alter the sentence, finding no basis to conclude that it was plainly wrong or unjust. The appellant's appeal was therefore unsuccessful.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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