Nasiri v R [2019] NSWCCA 16

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nasiri v R [2019] NSWCCA 16 Hearing dates: 2 November 2018 Decision date: 13 February 2019 Before: Gleeson JA at [1] Schmidt J at [2] Button J at [3] Decision: (1) Leave to appeal against sentence granted (2) Appeal dismissed Catchwords: CRIMINAL LAW – sentence appeal – ground of erroneous disparity between sentences imposed upon applicant and co-offender – specific complaint that co-offender of applicant received greater partial concurrence on pre-existing sentence than applicant – discussion of aspects of a ground of appeal against sentence of this kind – appeal dismissed Cases Cited: Akbari v R; Nasiri v R [2015] NSWCCA 240 Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 at [31] Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606; Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295; Category: Principal judgment Parties: Mohammed Nasiri (Applicant) Regina (Respondent) Representation: Counsel: E Kerkyasharian (Applicant) H Roberts (Respondent)

Solicitors: Mitry Lawyers (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2014/86158 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 25 October 2017 Before: North DCJ File Number(s): 2014/86158