R v Murray [2000] NSWCCA 331

The application was incompetent because the exercise of the Royal Prerogative of Mercy is not within the jurisdiction of the Court of Criminal Appeal and is a matter for the Executive Government.

Jurisdiction: Australia
Judgment Date: 23 August 2000
Procedural Posture: Criminal Law and Procedure Application / Court of Criminal Appeal Application for Favourable Consideration and Exercise of the Royal Prerogative of Mercy After District Court Sentence
Outcome: Application is incompetent and refused.
Legal Topics: ['passing Valueless Cheques' 'obtaining Benefit by Deception' 'royal Prerogative of Mercy' 'jurisdiction of the Court of Criminal Appeal' 'community Service Order' 'recognisance']

['criminal Law' 'criminal Procedure' 'sentencing'] ['passing Valueless Cheques' 'obtaining Benefit by Deception' 'royal Prerogative of Mercy' 'jurisdiction of the Court of Criminal Appeal' 'community Service Order' 'recognisance']

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Procedural Posture

Criminal Law and Procedure Application / Court of Criminal Appeal Application for Favourable Consideration and Exercise of the Royal Prerogative of Mercy After District Court Sentence

Legal Issues

1 ['Whether the Court of Criminal Appeal had jurisdiction to entertain an application for favourable consideration and exercise of the Royal Prerogative of Mercy.' 'Whether the application was competent.']

Ratio Decidendi

The application was incompetent because the exercise of the Royal Prerogative of Mercy is not within the jurisdiction of the Court of Criminal Appeal and is a matter for the Executive Government.

Court Disposition

Application is incompetent and refused.

Orders

['Application refused.']