SUPREME COURT OF QUEENSLAND
CITATION:
R v Al Majedi [2024] QCA 27
PARTIES:
R
v
AL MAJEDI, Zahra
(applicant)FILE NO/S:
CA No 181 of 2023
DC No 213 of 2023DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Beenleigh – Date of Sentence: 8 September 2023 (Gardiner DCJ)
DELIVERED ON:
8 March 2024
DELIVERED AT:
Brisbane
HEARING DATE:
23 February 2024
JUDGES:
Morrison and Dalton JJA and Fraser AJA
ORDERS:
1. The application for leave to appeal against sentence is allowed.
2. The sentence is set aside.
3. The applicant be discharged without a conviction upon her giving recognisance that she will be of good behaviour for six months, during which time the security bond already given should remain in place.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant’s father stored tobacco in the unit in which the applicant lived – where the applicant pleaded guilty to possessing tobacco in circumstances where it was reasonable to suspect that excise duty had not been paid (s 308-10 Taxation Administration Act 1953 (Cth)) – where the unpaid excise was close to $1 million – where the applicant was sentenced to two months imprisonment and released immediately upon giving a recognisance in the sum of $500, and to be of good behaviour for a period of 12 months – where a conviction was recorded – whether the sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant is studying nursing and recording a conviction could pose difficulties to her registration as a nurse and thus, prospects of obtaining steady employment – where the applicant had a life marked by trauma, adversity and abuse – where the applicant was subject to paternal control – whether the two-stage test under s 19B(1) of the Crimes Act 1914 (Cth) was satisfied – where the sentencing judge considered a s 19B bond, but did not appear to consider whether a sentence of probation, without a conviction being recorded, would be sufficient punishment – where s 17A(1) of the Crimes Act 1914 (Cth) requires a court to be satisfied that all other available sentences are inappropriate before imposing a sentence of imprisonment – whether the applicant’s case involved exceptional circumstances
Crimes Act 1914 (Cth), s 17A(1), s 19B(1), s 20(1)(a), s 20AB
Taxation Administration Act 1953 (Cth), s 308-10Commissioner of Taxation v Baffsky (2001) 122 A Crim R 568; [2001] NSWCCA 332, cited
Matta v ACCC [2000] FCA 729, cited
R v Zhang (2017) 256 A Crim R 113; [2017] SASCFC 5, distinguishedCOUNSEL:
A S McDougall for the applicant
S J Bain for the respondentSOLICITORS:
Salt Legal for the applicant
Director of Public Prosecutions (Commonwealth) for the respondent
MORRISON JA: I agree with Fraser AJA.
DALTON JA: This is…
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- AGLC
- R v Al Majedi [2024] QCA 27
- Case
- [2024] QCA 27
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the sentence was manifestly excessive, considering the two-stage test under section 19B(1) of the Crimes Act 1914 (Cth). The applicant argued that her prospects of obtaining steady employment, particularly in nursing, could be adversely affected by a recorded conviction. Additionally, the applicant submitted that her history of trauma, adversity, and abuse, coupled with paternal control, constituted exceptional circumstances warranting a lesser sentence. The court considered whether the sentencing judge adequately explored alternatives such as a sentence of probation without a conviction, as required by section 17A(1) of the Crimes Act 1914 (Cth).
The court found that the sentence was indeed manifestly excessive, noting that the sentencing judge did not adequately consider the potential impact of a conviction on the applicant's future employment and did not explore the appropriateness of a sentence of probation without a conviction. The court concluded that the applicant's circumstances warranted a more lenient sentence. Accordingly, the application for leave to appeal against the sentence was allowed, the original sentence was set aside, and the applicant was discharged without a conviction, on the condition of giving a recognisance to be of good behaviour for six months.
Orders
Orders of the court
1. The application for leave to appeal against sentence is allowed.
2. The sentence is set aside.
3. The applicant be discharged without a conviction upon her giving recognisance that she will be of good behaviour for six months, during which time the security bond already given should remain in place.
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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