R v Musleh (No 4) [2018] NSWSC 1653

R v Musleh (No 4) [2018] NSWSC 1653

The sentence hearing for Mr Musleh should be adjourned until after the judgment of the Court of Criminal Appeal in R v Biber is delivered, to ensure justice and preserve the application of the parity principle between co-offenders.

Jurisdiction
Australia
Judgment Date
31 October 2018
Procedural Posture
Criminal / Sentence Hearing Adjournment
Outcome
sentence hearing adjourned
Legal Topics
['practice and Procedure' 'adjournment' 'sentencing' 'parity Between Co Offenders']
['criminal Law'] ['practice and Procedure' 'adjournment' 'sentencing' 'parity Between Co Offenders']

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Procedural Posture

Criminal / Sentence Hearing Adjournment

Legal Issues

  1. 1 ['Whether to adjourn the sentence hearing pending a related Court of Criminal Appeal decision on a co-offender' 'Application of sentencing parity principles to co-offenders convicted of different offences']

Ratio Decidendi

The sentence hearing for Mr Musleh should be adjourned until after the judgment of the Court of Criminal Appeal in R v Biber is delivered, to ensure justice and preserve the application of the parity principle between co-offenders.

Court Disposition

sentence hearing adjourned

Orders

  • ['Adjourn the sentence hearing of Mr Musleh from 6 November 2018 to 7 December 2018 at 10am before Adamson J.' 'Vary previous order by extending the time for parties to serve evidence and submissions to 5pm on 4 December 2018 and direct that a copy be sent to the Associate by that time.']