Al Am Ali v R

The applicant, Al Am Ali, appealed against his sentence for possessing 1974 kilograms of tobacco, knowing the goods were imported with the intent to defraud the revenue. The case was heard in the Supreme Court of New South Wales. The primary issue for the court was whether the sentencing judge failed to consider the requirements of section 66 of the Crimes (Sentencing Procedure) Act 1999 when imposing a sentence of full-time imprisonment. Specifically, the court had to determine if the sentencing judge neglected to engage with the applicant’s counsel’s submission that consideration should be given to an intensive correction order (ICO).

The court found that the sentencing judge did not adequately address the submission regarding the potential application of an ICO. The sentencing judge failed to engage with the argument that an ICO might be a suitable alternative to imprisonment, given the applicant’s significant role in the organised criminal activity. The court concluded that this omission constituted a failure to consider the requirements of section 66 of the Act, which mandates that the court must consider available sentencing options and choose the most appropriate one. Consequently, the ground of appeal was upheld. However, the court determined that a sentence of imprisonment remained appropriate given the seriousness of the offence. Furthermore, as the applicant was due to be released on recognizance in less than three months, an ICO was deemed inappropriate, and no lesser sentence was warranted.