Musa v R [2022] NSWCCA 221

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Musa v R [2022] NSWCCA 221 Hearing dates: 9 September 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Before: Kirk JA at [1] Harrison J at [2] Wright J at [25] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal – appeal against sentence – aggravated breaking and entering in company and committing a serious indictable offence in circumstances of special aggravation – whether sentencing judge erred in failing to find applicant's lack of significant record of previous convictions as a mitigating factor Legislation Cited: Crimes Act 1900 (NSW), s 112(3) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: Meis v R [2022] NSWCCA 118 R v Price [2005] NSWCCA 285 Saunders v R [2022] NSWCCA 174 Taylor v R [2018] NSWCCA 255 Category: Principal judgment Parties: Yasir Musa (Applicant) Rex (Respondent) Representation: Counsel: P Lange (Applicant) D Scully (Respondent)

Solicitors: Oxford Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2019/211329 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 1 April 2021 Before: Culver DCJ File Number(s): 2019/00211329