Amiri v The Queen

Case [2017] NSWCCA 157


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Amiri v R [2017] NSWCCA 157
Hearing dates: 17 March 2017
Date of orders: 28 June 2017
Decision date: 28 June 2017
Before: Macfarlan JA, Latham and Campbell JJ
Decision:

1. Grant leave to appeal;

 2. Appeal dismissed.
Catchwords: CRIMINAL APPEAL – sentence appeal – applicant convicted for attempted drug and firearm possession – attempt to receive for supply a prohibited drug – where applicant attempted to obtain a bag on behalf of a criminal gang – “Brothers 4 Life” – whether primary judge erred in assessment of objective seriousness – whether sentence imposed manifestly excessive – leave to appeal granted – appeal refused
Legislation Cited: Criminal Appeal Act 1912 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Firearms Act 1995 (NSW)
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Collier v R [2012] NSWCCA 213
D A C v Regina [2006] NSWCCA 265
Dinsdale v The Queen (2000) 202 CLR 321
House v The King [1936] HCA 40; (1936) 55 CLR 499
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Mulato v R [2006] NSWCCA 282
R v Dodd (1991) 57 A Crim R 349
R v Lachlan [2015] NSWCCA 178
R v Nassif [2005] NSWCCA 38
Salafia v R [2015] NSWCCA 141
Veen v The Queen (No 2) (1988) 164 CLR 465
Category:Principal judgment
Parties: Masieh Amiri (Applicant)
Crown (Respondent)
Representation:

Counsel:

 

A Cook (Applicant)
S Hughes (Respondent)

 

Solicitors:

  L Del Monte (Applicant)
C Hyland, Director of Public Prosecutions (Respondent)
File Number(s): 2014/6807
 Decision under appeal 
Court or tribunal:
District Court of New South Wales, Sydney
Jurisdiction:
Criminal
Date of Decision:
16 December 2015
Before:
Judge Frearson SC
File Number(s):
2014/00006807

Judgment

  1. MACFARLAN JA: I agree with Campbell J.

  2. LATHAM J: I agree with Campbell J.

  3. CAMPBELL J: The applicant, Mr Masieh Amiri, seeks leave to appeal pursuant to Criminal Appeal Act 1912 (NSW) s 5(1)(c) against the sentence imposed by his Honour Judge Frearson SC on 16 December 2015.

  4. The applicant pleaded guilty to, and was convicted of, two charges. The first was attempting to receive for supply a prohibited drug not less than the large commercial quantity under Drug Misuse and Trafficking Act 1985 (NSW) s 25(2). The large commercial quantity of the drug in question, 25I-NBOMe, a “potent psychedelic drug” (ROS p 5), is prescribed in Schedule 1 to the Act. There was also a Form 1 detailing four charges of related offending for which the applicant admitted his guilt and wished to have taken into account when he was dealt with for count 1. The second charge was attempting to possess a prohibited firearm, namely a Mossberg sawn-off pump action shotgun, in breach of Firearms Act 1995 (NSW) s 7(1) (to…

Continue reading Amiri v The Queen

Sign in free to access the full text

Details
AGLC
Amiri v The Queen [2017] NSWCCA 157
Case
[2017] NSWCCA 157
Decision Date

CaseChat Overview and Summary

In the recent decision of Amiri v The Queen, the applicant sought to appeal his sentence on the grounds that it was manifestly excessive and that the primary judge had erred in assessing the objective seriousness of his crime. The applicant was convicted of attempting to receive, for the purpose of supply, a prohibited drug and for possessing a firearm. The attempted supply was part of a larger plan by the criminal gang "Brothers 4 Life". The Court of Appeal, having granted leave to appeal, considered whether the sentence imposed was manifestly excessive and whether the primary judge had erred in their assessment of the objective seriousness of the applicant's crimes.

The central legal issues before the court were whether the sentence imposed by the primary judge was manifestly excessive and whether the primary judge erred in assessing the objective seriousness of the applicant's crimes. The applicant argued that the primary judge had not given sufficient weight to mitigating factors, including his young age and the fact that he was acting under duress. The applicant further contended that the sentence imposed was manifestly excessive, given his age and the potential for rehabilitation.

The Court of Appeal found that the primary judge had correctly assessed the objective seriousness of the applicant's crimes, taking into account the nature and circumstances of the offences. The Court held that the primary judge had appropriately considered the mitigating factors presented by the applicant, but ultimately determined that these factors did not warrant a significantly lower sentence. The Court further found that the sentence imposed was not manifestly excessive, given the serious nature of the crimes and the need to deter similar conduct in the future. Consequently, the appeal was dismissed, and the original sentence was upheld.

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.