Aliabadi v R [2020] NSWCCA 224

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Aliabadi v R [2020] NSWCCA 224 Hearing dates: 28 August 2020 Decision date: 02 September 2020 Before: Hoeben CJ at CL at [1]; Davies J at [2]; Adamson J at [3] Decision: (1) Leave to appeal refused. Catchwords: SENTENCING — Appeal against sentence — Assessment of objective seriousness — Where sentencing judge's findings accorded with submissions made by applicant at sentence hearing — Whether House v The King error — No error demonstrated SENTENCING — Appeal against sentence — Adequacy of reasons — No inadequacy of reasons Cases Cited: Baines v R [2016] NSWCCA 132 House v The King (1936) 55 CLR 499; [1936] HCA 40 Mulato v R [2006] NSWCCA 282 R v Isaacs (1997) 41 NSWLR 374 Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460 Category: Principal judgment Parties: Mohammad Eini Aliabadi (Applicant) Regina Representation: Counsel: A Karim (Applicant) G Newton (Crown)

Solicitors: Sydney Criminal Law Specialists (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2018/231419 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 29 October 2019 Before: Frearson SC ADCJ File Number(s): 2018/231419