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Musa v The Queen

appeal against sentence — attempting to possess marketable quantity of border controlled drug offence contrary to ss 11.1(1) and 307.6(1) of Commonwealth Criminal Code — original sentence imposed 5 years’ and 6 months imprisonment with 3 year and 6 month non-parole period — offences related to attempted possession of 709.4 grams of methamphetamine — guilty plea — s 16A(2)(g) — sentencing judge’s reasoning consistent with sentencing law current at time sentence passed —Xiao v R entitled sentencing judges under sentencing proceedings governed by s 16A to take utilitarian value of plea into account in sentence — sentencing judge’s discount of 20 percent somewhat less than what would have allowed for full utilitarian benefit of plea — instead discount of 25% for full utilitarian value applied — starting point of sentencing judge’s sentence appropriate given objective circumstances of offending and subjective attributes of offender — appeal upheld — original sentence quashed — offender resentenced to 5 years’ and 2 months imprisonment with non-parole period of 3 years and 3 months
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