Musa v R [2022] NSWCCA 221

Musa v R [2022] NSWCCA 221

The sentencing judge's reference to the applicant's 'limited criminal history' amounted to recognition of the absence of any significant record of previous convictions, thereby affording some leniency as a mitigating factor; the judge was not required to expressly refer to s 21A(3)(e) or make a specific finding and did not err in approach.

Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'mitigating Factors' 'criminal Record' 'aggravated Breaking and Entering' 'armed Robbery With Wounding' 'special Aggravation']
['criminal Law'] ['appeal Against Sentence' 'mitigating Factors' 'criminal Record' 'aggravated Breaking and Entering' 'armed Robbery With Wounding' 'special Aggravation']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in failing to find the applicant's lack of significant record of previous convictions as a mitigating factor"]

Ratio Decidendi

The sentencing judge's reference to the applicant's 'limited criminal history' amounted to recognition of the absence of any significant record of previous convictions, thereby affording some leniency as a mitigating factor; the judge was not required to expressly refer to s 21A(3)(e) or make a specific finding and did not err in approach.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']