Murda v R [2022] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Murda v R [2022] NSWCCA 167 Hearing dates: 06 April 2022 Decision date: 08 August 2022 Before: Leeming JA at [1]; Hamill J at [48]; Ierace J at [49] Decision: 1. Grant leave to appeal against the sentence imposed by the District Court on 17 December 2020, confined to grounds 1, 2 and 4. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – aggregate sentence imposed with commencement back-dated – whether error in not back-dating commencement earlier still – totality – significance of two month period during which applicant was at liberty following earlier imprisonment – whether inadequate weight given to youth – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 35, 95, 97 154A, 154H Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Dellow v R [2020] NSWCCA 301 R v Baker [2000] NSWCCA 85 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 11 Vaiusu v R [2017] NSWCCA 71 Waugh v The Queen (2013) 38 VR 66; [2013] VSCA 36 Yang v R [2012] NSWCCA 49 Category: Principal judgment Parties: Malik Murda (Applicant) Regina (Respondent) Representation: Counsel: A Moutasallem (Applicant) A Morris (Respondent)