R v Alibasic and Salajdjiza; ex parte

The case of R v Alibasic and Salajdjiza; ex parte involved two individuals who pleaded guilty to the offence of unlawfully moving tobacco leaf under the Excise Act 1901 (Cth). Both Alibasic and Salajdjiza were sentenced to 12 months imprisonment, with the condition that they would be released forthwith upon giving a recognizance of $1,000 and be of good behaviour for five years. The Commonwealth Director of Public Prosecutions subsequently appealed against the sentences, arguing they were manifestly inadequate. The legal issues before the court were whether the sentencing judge had fixed the sentence in an appropriate range and whether the sentences imposed were manifestly inadequate.

The court considered the principles outlined in R v Kopa; ex parte DPP (Cth) and the broader sentencing framework as discussed in R v Melano; ex parte Attorney-General of Queensland and R v Solway; ex parte Attorney-General of Queensland. The court found that the sentences imposed by the sentencing judge were manifestly inadequate in light of the gravity of the offence and the need for general deterrence. The appeal was allowed, and the sentences were substituted with 12 months imprisonment, to be released after serving four months upon giving a recognizance of $1,000 conditioned on good behaviour for five years. The court also directed that the Sheriff reduce the recognisance release order to writing and provide a copy to the respondents, along with an explanation of the purpose and consequences of the order. Furthermore, a warrant was issued for the apprehension of the respondents, to lie in the registry for 48 hours.