R v El - Hassan

The appellant, El-Hassan, was charged with a number of offences including driving while disqualified, ongoing drug supply, and breaches of bond. The case was heard in the Court of Appeal in Victoria. El-Hassan appealed his sentence on the basis of the totality principle and the impact of his post-traumatic stress disorder.

The court was required to decide whether the sentence imposed was manifestly excessive and whether the totality principle was correctly applied. The court was also required to consider the impact of El-Hassan's post-traumatic stress disorder on his offending behaviour.

The court found that the sentence imposed was not manifestly excessive and that the totality principle was correctly applied. The court found that while El-Hassan's post-traumatic stress disorder was a relevant consideration, it did not outweigh the seriousness of his offending behaviour. The court also found that the sentence imposed was proportionate to the seriousness of the offending and that the forfeiture order was appropriate.

The appeal was dismissed and the sentence imposed by the trial judge was upheld. The court made a forfeiture order by consent.