Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Ibrahim v R [2022] NSWCCA 134 Hearing dates: 29 April 2022 Date of orders: 20 June 2022 Decision date: 20 June 2022 Before: Ward P at [1]
Adamson J at [2]
Dhanji J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIME – appeals – appeal against sentence – supply of prohibited drug – commercial and indictable quantity – whether sentencing judge erred in assessment of objective seriousness – whether sentencing judge erred in assessment of the significance of the applicant’s deprived background to his moral culpability – whether sentence unreasonable or plainly unjust – no error demonstrated – leave to appeal granted – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW), s 527C
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 10A, 53A
Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Criminal Procedure Act 1986 (NSW), s 166
Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 25
Poisons and Therapeutic Goods Act 1966 (NSW), s 16
Road Transport Act 2013 (NSW), ss 54, 205A
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Markarian v The Queen (2006) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Nasrallah v R [2021] NSWCCA 207
Newman (a pseudonym) v R [2019] NSWCCA 157
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460
Category: Principal judgment Parties: Ahmed Ibrahim (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
T V Hickie (Applicant)
E Wilkins SC (Respondent)
Abbas Jacobs Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/244594 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 21 May 2020
- Before:
- Hatzistergos DCJ
- File Number(s):
- 2018/244594
Judgment
-
WARD P: I agree with Dhanji J’s reasons and with the orders his Honour proposes.
-
ADAMSON J: I agree with Dhanji J.
-
DHANJI J: The applicant, Mr Ahmed Salameh (also known as Ahmed Ibrahim), seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal against the sentence imposed on him by Hatzistergos DCJ in the District Court at Campbelltown on 21 May 2020.
-
The applicant was sentenced for the following offences:
Seq 1: Agree to supply a prohibited drug (non-cannabis leaf) of a commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (maximum…
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- AGLC
- Ibrahim v The The Queen [2022] NSWCCA 134
- Case
- [2022] NSWCCA 134
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentencing judge correctly assessed the objective seriousness of the crime and the weight to be given to the defendant's deprived background in determining moral culpability. The court needed to examine whether the sentencing judge appropriately balanced these factors and whether the sentence imposed was commensurate with the seriousness of the offence. The defendant contended that the sentence was excessive, considering his background, while the Crown argued that the sentence was appropriate given the nature and scale of the offence.
The court found that the sentencing judge had correctly assessed the objective seriousness of the crime, considering the scale and impact of the drug supply on the community. The court also determined that the sentencing judge appropriately evaluated the significance of the defendant's deprived background in assessing moral culpability, acknowledging it as a mitigating factor but not as a primary determinant of the sentence. The court held that the sentence was neither unreasonable nor plainly unjust, and therefore, the appeal was dismissed. The High Court concluded that no error in the assessment of the objective seriousness or the defendant's background had been demonstrated.
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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