Murda v R [2022] NSWCCA 167

Murda v R [2022] NSWCCA 167

There was no error in the sentencing judge’s treatment of the applicant’s custodial history, application of totality, weight given to youth, or in not fully backdating the sentence; the exercise of discretion was correct and did not render the sentence manifestly excessive.

Parties
Applicant: Malik Murda; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 August 2022
Procedural Posture
Criminal Appeal / Decision on Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted on grounds 1, 2 and 4; appeal dismissed.
Legal Topics
Appeal Against Sentence, Aggregate Sentence, Commencement of Sentence, Totality, Weight Given to Youth
Criminal Law Appeal Against Sentence Aggregate Sentence Commencement of Sentence Totality Weight Given to Youth

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Malik Murda

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Decision on Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge erred by not considering time spent in custody from 28 February 2019 to sentencing date
  2. 2 Whether principles of totality were properly applied
  3. 3 Whether inadequate weight given to youth

Ratio Decidendi

There was no error in the sentencing judge’s treatment of the applicant’s custodial history, application of totality, weight given to youth, or in not fully backdating the sentence; the exercise of discretion was correct and did not render the sentence manifestly excessive.

Court Disposition

Leave to appeal granted on grounds 1, 2 and 4; appeal dismissed.

Orders

  • Grant leave to appeal against the sentence imposed by the District Court on 17 December 2020, confined to grounds 1, 2 and 4.
  • Appeal dismissed.