Site Logo

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
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions