Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Islam v R [2020] NSWCCA 236 Hearing dates: 14 July 2020 Date of orders: 21 September 2020 Decision date: 21 September 2020 Before: Ward CJ in Eq at [1];
Wilson J at [2];
Ierace J at [73]Decision: (1) Leave to appeal granted;
(2) Appeal dismissed.
Catchwords: SENTENCE – application for leave to appeal against sentence – offences of participating in a criminal group and dealing with identification information – pleas of guilty – sentence imposed partially accumulated on sentence previously imposed – single ground of appeal advanced – whether finding of special circumstances reflected by sentence imposed – relevance of earlier sentence – principle of totality
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Cases Cited: Calhoun (a pseudonym) v R [2018] NSWCCA 150
Johnson v The Queen (2004) 205 ALR 346; [2004] HCA 15
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
R v Islam; R v Ahmed [2019] NSWDC 546
R v Rossi (1988) 142 LSJS 451
Category: Principal judgment Parties: Tariqul Islam (Applicant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
D Roff (Applicant)
D Patch (Respondent)
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2018/00027691 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 15 July 2019
- Before:
- Williams SC DCJ
- File Number(s):
- 2018/00027691
Judgment
-
WARD CJ in Eq: I agree with Wilson J.
-
WILSON J: The applicant, Tariqul Islam, seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal against the sentence imposed upon him on 15 July 2019 by his Honour Judge Williams SC sitting in the District Court of New South Wales. His complaint is that, when regard is had to the term and structure of the total effective sentence represented by the combination of the sentence that the applicant was already serving, and the sentence imposed in July 2019, the finding of special circumstances made by the sentencing court is not properly reflected, and there is error.
The Proceedings in the District Court
-
The applicant entered a plea of guilty in the Local Court and was committed for sentence with respect to the following offences:
An offence contrary to s 93T(1A) of the Crimes Act 1900 (NSW) that the applicant knowingly participated in a criminal group by directing the activities of the group, knowing that his participation contributed to criminal activity. This offence carries a maximum sentence of 10 years imprisonment;…
Continue reading Islam v The Queen
Sign in free to access the full text
- AGLC
- Islam v The Queen [2020] NSWCCA 236
- Case
- [2020] NSWCCA 236
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the County Court had adequately considered the principle of totality in sentencing the appellant. This principle requires that the cumulative effect of multiple sentences be considered to ensure that the overall punishment is proportionate to the offending. The appellant argued that the sentence did not reflect the special circumstances of his case, particularly in relation to his previous sentence and the concurrent nature of his offending. The Crown maintained that the sentence was appropriate and reflected the seriousness of the offences.
The Court of Appeal found that the County Court had failed to adequately consider the principle of totality. The court emphasised that the principle requires careful consideration of the total punishment to be imposed on a defendant when multiple sentences are to be served concurrently. The Court of Appeal held that the County Court had not sufficiently addressed the appellant's previous sentence and the cumulative effect of the sentences imposed. Consequently, the Court allowed the appeal, quashed the sentence, and remitted the matter to the County Court for resentencing.
The Court of Appeal made no orders regarding costs.
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.