Eljamal v R [2026] NSWCCA 155

Eljamal v R [2026] NSWCCA 155 concerned an appeal against an aggregate seven-year sentence imposed after Eljamal pleaded guilty to recklessly causing grievous bodily harm by shooting through the ceiling beneath his wife’s bedroom, leaving her permanently paraplegic, and using an unauthorised pistol. He argued that the sentencing judge failed to consider her evidence that his imprisonment caused continuing hardship because she wanted him to care for her. The Court held that this use of the evidence was not advanced below and had effectively been disavowed. It also held that s 3A(g) concerns harm caused by the offence, not hardship flowing from imprisonment. Leave was granted, but the appeal was dismissed.