Al Mosawe v R [2012] NSWCCA 275

Al Mosawe v R [2012] NSWCCA 275

The judge did not err in her assessment of the utilitarian value of the late plea, including its impact on the complainant, and the sentence imposed was not manifestly excessive given the facts, breach of trust and need for deterrence.

Parties
Applicant: Mustafa Al Mosawe; Respondent: Crown
Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Discount for Plea, Manifest Excess, General Deterrence, Sexual Offences
Criminal Law Sentence Appeal Discount for Plea Manifest Excess General Deterrence Sexual Offences

Case Brief

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Parties

Mustafa Al Mosawe

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge failed to recognise that the applicant's plea spared the complainant the ordeal of giving evidence
  2. 2 Whether the 10% discount for late plea was sufficient
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The judge did not err in her assessment of the utilitarian value of the late plea, including its impact on the complainant, and the sentence imposed was not manifestly excessive given the facts, breach of trust and need for deterrence.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.