Azari v The Queen

AZARI
v
THE QUEEN
[2022] HCASL 55
S144/2021

The applicant seeks special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Bathurst CJ, Adamson and Bellew JJ). The Court dismissed an appeal against the sentence imposed by the Supreme Court of New South Wales (N Adams J).
There is no reason to doubt the correctness of the decision of the Court of Criminal Appeal or the sentence imposed by the trial judge. The application has insufficient prospects of success to warrant a grant of special leave.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.J. Gageler S.H.P. Steward

16 March 2022

CaseChat Overview and Summary

In Azari v The Queen, the applicant sought special leave to appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The appeal was against the sentence imposed by the Supreme Court, which was dismissed by the Court of Criminal Appeal. The applicant's primary contention was the correctness of the sentence imposed by the trial judge and the decision of the Court of Criminal Appeal. The case was heard by Bathurst CJ, Adamson, and Bellew JJ, who were unanimous in their decision to dismiss the appeal.

The legal issues before the court primarily revolved around the appropriate sentence for the applicant, as well as the correctness of the Court of Criminal Appeal's decision. The applicant argued that the sentence imposed was excessive and that the Court of Criminal Appeal erred in its assessment. The central issue was whether the Court of Criminal Appeal had correctly exercised its discretion in relation to the sentence, and if the sentence imposed by the trial judge was justified.

The court found that there was no reason to doubt the correctness of the Court of Criminal Appeal's decision or the sentence imposed by the trial judge. The judges emphasised that the Court of Criminal Appeal had considered all relevant factors and exercised its discretion appropriately. The court was satisfied that the sentence was commensurate with the severity of the crime and that the applicant's appeal against the sentence was without merit. As a result, the application for special leave to appeal was dismissed due to insufficient prospects of success.

In accordance with rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the application. The decision was made on 16 March 2022 by S.J. Gageler and S.H.P. Steward. The applicant's application for special leave to appeal was ultimately unsuccessful.

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