Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Musgrove v R [2019] NSWCCA 245 Hearing dates: 14 October 2019 Date of orders: 16 October 2019 Decision date: 16 October 2019 Before: Bell P at [1];
Simpson AJA at [35];
R A Hulme J at [36]Decision: Leave to appeal refused
Catchwords: CRIME – appeals – appeals against sentence – sentenced for dealing with proceeds of crime – sentenced for knowing participation in a criminal group – whether sentencing judge imposed a manifestly excessive sentence – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) ss 93T(1), 193B(1) Cases Cited: Alou v R [2019] NSWCCA 231
Dinsdale v R (2000) 202 CLR 321; [2000] HCA 54
Hughes v R [2018] NSWCCA 2
Kerr v R [2016] NSWCCA 218; (2016) 78 MVR 191
Markarian v R (2005) 228 CLR 357; [2005] HCA 25
R v Shi [2004] NSWCCA 135Category: Principal judgment Parties: Ryan Thomas Musgrove (Applicant)
Crown (Respondent)Representation: Counsel:
S Kluss (Applicant)
D Patch (Respondent)Solicitors:
R Hill (Applicant)
C Hyland (Respondent)
File Number(s): 2017/105188 Publication restriction: N/A Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 3 May 2019
- Before:
- Girdham SC DCJ
- File Number(s):
- 2017/105188
Headnote
[This headnote is not to be read as part of the judgment]
Mr Ryan Thomas Musgrove (the applicant) pleaded guilty to two counts of knowingly dealing with proceeds of crime, and one count of knowingly participating in a criminal group for the supply of prohibited drugs and the subsequent laundering of money. He was sentenced to an aggregate term of imprisonment consisting of a head sentence of 4 years and 6 months, with a non-parole period of 2 years and 9 months. The applicant sought leave to appeal on the ground that the aggregate sentence imposed was manifestly excessive.
The applicant pointed to a number of factors to support the contention that the sentence was manifestly excessive, including that the offences for which he was charged can involve considerable sums far in excess of the two amounts involved, the relatively short length of time over which the offences were committed, that the offences involved a motive for drugs for personal use only, that the applicant’s offence was unsophisticated and his role minimal, and that he had a strong subjective case.
In response, the Crown submitted that the applicant had not demonstrated that his aggregate sentence was unreasonable or plainly unjust, emphasising that the applicable maximum penalties were significant, and that the applicant was the beneficiary of a generous adjustment of the ratio of the aggregate non-parole period to the head sentence, following the finding of special circumstances.
The Court (Bell P, Simpson AJA, and R A Hulme J) refused leave to appeal, holding:
-
The aggregate sentence imposed was not manifestly excessive, as:
There was a substantial degree of concurrency built into the aggregate sentence imposed: [29], [33] (Bell P); [35] (Simpson AJA);…
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- AGLC
- Musgrove v The Queen [2019] NSWCCA 245
- Case
- [2019] NSWCCA 245
- Decision Date
CaseChat Overview and Summary
The High Court examined the principles of sentencing in the context of appeals against sentence, focusing on whether the sentence imposed was manifestly excessive. The court considered the sentencing judge's assessment of the gravity of the offences, the appellant's role and culpability, and the need for general deterrence. The High Court held that the sentence imposed was within the range of sentences that a properly directed sentencing judge could have imposed. The court found no basis to conclude that the sentence was manifestly excessive or that the sentencing judge had failed to properly consider the relevant mitigating factors.
Consequently, the High Court refused leave to appeal against the sentence. The appellant's argument that the sentence was disproportionately severe was not accepted, as the court found that the sentencing judge had appropriately balanced the various considerations in arriving at the sentence. The High Court's decision upheld the sentence imposed by the sentencing judge, affirming the principle that appellate courts should be cautious in interfering with the sentencing decisions of primary judges.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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