Ali v R

[2021] NSWCCA 174

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against severity
4. › Firearms offences
5. › Assessment of objective seriousness
6. › Whether sentencing judge erred by failing to refer to absence of criminal purpose
7. › Whether sentencing judge required to list adverse matters not taken into account
1. Criminal Law
2. › Sentence
3. › Reasons for sentence
4. › Adequacy of sentencing remarks
5. › Whether failure to refer to a factor not relied upon constitutes error
6. › Whether sentencing discretion miscarried

Quick Take

A sentencing judge who finds there is no basis for concluding a firearm was used in criminal activity is not required separately to state that the firearm was not intended for criminal activity. Sentencing judges are not required to list all potentially adverse matters they did not take into account.

Case Details

Citation[2021] NSWCCA 174

CourtNSWCCA

JurisdictionNew South Wales

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Relies on5

2020R v ALINSWDC 125
2020Connell v RNSWCCA 352
2016Dunshea v RNSWCCA 244
2006Sanchet v Director of Public Prosecutions (Commonwealth)NSWCCA 291
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