Musa v R [2018] NSWCCA 192

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Musa v R [2018] NSWCCA 192 Hearing dates: 8 August 2018 Date of orders: 03 September 2018 Decision date: 03 September 2018 Before: Bathurst CJ at [1] Hoeben CJ at CL at [2] Fagan J at [3] Decision: (1) Leave to appeal is granted.

(2) The appeal is upheld.

(3) The sentence imposed in the District Court on 5 September 2017 is quashed.

(4) In lieu thereof the applicant is sentenced to imprisonment for 5 years and 2 months commencing on 6 January 2016 and expiring on 5 March 2021 with a non-parole period of 3 years and 3 months commencing on 6 January 2016 and expiring on 5 April 2019. Catchwords: CRIME – appeal against sentence – attempting to possess marketable quantity of controlled drug contrary to Criminal Code (Cth), ss 11.1(1) and 307.6(1) – guilty plea entered at earliest opportunity – 20% discount in sentence for early plea – head sentence of 5 years 6 months imprisonment with non-parole period of 3 years 6 months – whether error in considering appropriate discount for plea of guilty – whether utilitarian value of guilty plea should have been considered – appeal allowed and offender resentenced Legislation Cited: Criminal Code (Cth) Cases Cited: Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6 Tyler v R [2007] NSWCCA 247 Xiao v R [2018] NSWCCA 4 Category: Principal judgment Parties: Yilbay Musa (applicant) Regina (respondent) Representation: Counsel: Mr David Barrow (applicant) Mr Lincoln Crowley (respondent)