Ali v R [2021] NSWCCA 174

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ali v R [2021] NSWCCA 174 Hearing dates: 14 July 2021 Date of orders: 06 August 2021 Decision date: 06 August 2021 Before: Meagher JA at [1] Walton J at [2] Harrison J at [3] Decision: Refuse leave to appeal Catchwords: CRIMINAL LAW – sentence – appeal against severity of sentence – firearms offences – whether sentencing judge erred in assessment of objective seriousness of offences – where sentencing judge held that there was no basis for finding that a shotgun had been used for purposes of criminal activity – whether sentencing judge erred thereafter by failing to refer to a factor that he did not take into account, namely whether the firearm was intended for use in relation to criminal activity – whether sentencing discretion miscarried – no error demonstrated – leave to appeal refused Cases Cited: Connell v R [2020] NSWCCA 352 Dunshea v R [2016] NSWCCA 244 R v El Masri [2005] NSWCCA 167 Sanchet v R [2006] NSWCCA 291 Category: Principal judgment Parties: Mostapha Ali (Applicant) Regina (Respondent) Representation: Counsel: S Odgers SC (Applicant) B Baker with A Ilic (Respondent)

Solicitors: Bevan & Co (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2019/134933 Publication restriction: Nil Decision under appeal Court or tribunal: Wagga Wagga District Court Jurisdiction: Criminal Citation: [2020] NSWDC 125 Date of Decision: 24 April 2020 Before: Judge Lerve File Number(s): 2019/134933