Islam v The Queen

The Court of Appeal of the Supreme Court of the Australian Capital Territory heard an appeal by the applicant, Islam, against his conviction and sentence for an offence. The Crown also cross-appealed against the sentence imposed.

The primary legal issues before the Court were whether the applicant's conviction was unsafe or unsatisfactory, and whether the sentence imposed was manifestly excessive or inadequate. In relation to the conviction, the Court considered whether the applicant had established mental impairment under sections 27 and 28 of the *Criminal Code 2002* (ACT), and whether the sentencing judge had given adequate weight to relevant factors.

The Court of Appeal dismissed the appeal against conviction, finding no error in the trial judge's assessment of the evidence concerning mental impairment. The Court also dismissed the appeal against sentence, concluding that the sentence imposed was not manifestly excessive. Furthermore, the Court dismissed the Crown's cross-appeal against sentence, finding no grounds to interfere with the sentencing judge's discretion. The Court affirmed that the weight given to various factors in sentencing is a matter for the sentencing judge.