Al Shamari v R [2024] NSWCCA 155

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Al Shamari v R [2024] NSWCCA 155 Hearing dates: 14 June 2024 Date of orders: 19 August 2024 Decision date: 19 August 2024 Before: Kirk JA at [1]; Campbell J at [73]; McNaughton J at [74] Decision: (1) Grant leave to appeal. (2) Appeal dismissed. Catchwords: CRIME – Appeals – Appeal against sentence –Appropriate where facts relevant to sentencing are disputed to acknowledge in terms that facts adverse to an offender must be proved beyond reasonable doubt – No indication that sentencing judge applied something less than the correct standard of proof CRIME – Appeals – Appeal against sentence – Necessary to give reasons for finding of facts material to sentencing which are under dispute – Failure to give reasons – Resentencing by Court of Criminal Appeal CRIME – Appeals – Appeal against sentence – Parity – Where applicant's criminality somewhat higher than co-offender and subjective case somewhat weaker – No basis for complaint in relation to parity – No lesser sentence warranted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(a) Crimes Act 1900 (NSW), ss 86(2), 86(3) Cases Cited: DL v The Queen [2018] HCA 26; (2018) 266 CLR 1 Kelly v R [2024] NSWCCA 101 Ming v Director of Public Prosecutions (NSW) [2022] NSWCA 209; (2022) 109 NSWLR 604 Public Service Board of NSW v Osmond [1986] HCA 7; (1986) 159 CLR 656 Category: Principal judgment Parties: Adel Al Shamari (Applicant) Crown (Respondent) Representation: Counsel: G James KC (oral subs); E Özen SC (written subs) (Applicant) P Hogan (Respondent)