Mohamedali v The Queen

The applicant, Mohamedali, appealed against a sentence imposed by a sentencing judge in the Supreme Court of Victoria. The appeal concerned the severity of the sentence.

The Court was required to determine whether the sentencing judge erred in her sentencing remarks, specifically whether she implicitly accepted that the scissors were not brought into the city with the intention of being used as a weapon, and whether her remarks indicated an assumption of more serious offending than that for which the applicant was convicted. The Court also had to consider whether the head sentence imposed was manifestly excessive.

The Court held that the sentencing judge's remarks implicitly accepted that the scissors were not brought into the city with the intention of being used as a weapon, and that it was a misconstruction to suggest the judge had in mind more serious offending. While acknowledging the head sentence might be considered heavy, the Court concluded that it was not, in all the circumstances, manifestly excessive. Permission to appeal was refused on two grounds and allowed on one ground, but the appeal was ultimately dismissed.