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Al Am Ali v The Queen [2021] NSWCCA 281

The offender was sentenced following a plea of guilty to possessing 1974 kilograms of tobacco knowing that the goods were imported with intent to defraud the revenue contrary s 233BABAD(2) of the Customs Act 1901 (Cth). Original sentence imposed 24 months imprisonment to be released on recognisance after 12 months. The offender appealed on the basis that the sentencing judge failed to have regard to the requirements of s 66 of the Crimes (Sentencing Procedure) Act 1999.  

Intensive Correction Order: It should be accepted for present purposes that the sentencing judge was required to consider the matters identified in s 66 if they had been contemplating making an ICO. Sentencing judge failed to engage with the submission of the offender that consideration should be given to an ICO. A combination of factors tell against imposing an ICO. The imposition of an ICO, in circumstances where the offender is being released on recognisance in February 2022, would be a more severe punishment than has already been imposed. No lesser sentence is warranted.  

Leave to appeal granted. Appeal dismissed.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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