Al Am Ali v R [2021] NSWCCA 281

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Al Am Ali v R [2021] NSWCCA 281 Hearing dates: 19 November 2021 Date of orders: 19 November 2021 Decision date: 01 December 2021 Before: Beech-Jones CJ at CL at [1] Davies J at [2] Wilson J at [54] Decision: (1) Leave to appeal against sentence granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – applicant pleaded guilty to possessing 1974 kilograms of tobacco knowing goods were imported with intent to defraud the revenue – one ground of appeal – whether his Honour failed to have regard to the requirements of s 66 of the Crimes (Sentencing Procedure) Act 1999 when imposing sentence of full-time imprisonment – where sentencing judge failed to engage with submission of applicant's counsel that consideration should be given to ICO – ground of appeal made out – re-sentence – where sentence of imprisonment appropriate given applicant had significant role in organised criminal activity – whether sentence should be served by an ICO – where ICO not appropriate as applicant due to be released on recognizance in less than three months – no lesser sentence warranted Legislation Cited: Crimes Act 1914 (Cth) s 16A Crimes (Sentencing Procedure) Act 1999 (NSW) ss 66, 69 Criminal Appeal Act 1912 (NSW), s 6(3) Customs Act 1901 (Cth) s 233BABAD Cases Cited: Abbas Elzein v R; Ahmad Elzein v R; Bilal Doughan v R [2021] NSWCCA 246 Blanch v R [2019] NSWCCA 304 Mandranis v R [2021] NSWCCA 97 Mourtada v R [2021] NSWCCA 211 R v Edelbi [2021] NSWCCA 122 R v Pullen [2018] NSWCCA 264 Wany v DPP [2020] NSWCA 318 Texts Cited: Nil Category: Principal judgment Parties: Ibrahim Al Am Ali (Applicant) Crown (Respondent) Representation: Counsel: D Beaufils (Applicant) D Jordan (Respondent)