Application by Christopher John Laycock under s 78 Crimes (Appeal and Review) Act 2001 [2015] NSWSC 1429

No relevant error or special facts or circumstances established by applicant to justify inquiry or referral under s 78 or s 79 Crimes (Appeal and Review) Act 2001; application dismissed as the grounds have been previously considered and do not give rise to a sense of unease regarding sentence imposed.

Jurisdiction: Australia
Judgment Date: 29 September 2015
Procedural Posture: Application for Inquiry Into Sentence / Supreme Court Determination
Outcome: Application dismissed
Legal Topics: ['appeal and Review' 'sentencing' 'crimes (appeal and Review) Act' 'breach of Trust' 'police Misconduct' 'manifest Excess' 'parity' 'extra Curial Punishment']

['criminal Law'] ['appeal and Review' 'sentencing' 'crimes (appeal and Review) Act' 'breach of Trust' 'police Misconduct' 'manifest Excess' 'parity' 'extra Curial Punishment']

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Procedural Posture

Application for Inquiry Into Sentence / Supreme Court Determination

Legal Issues

1 ['Whether there is a basis for an inquiry into sentence under s 78 Crimes (Appeal and Review) Act 2001' "Whether alleged factual errors or disputed 'Agreed Facts' warrant an inquiry or referral" 'Whether the sentence imposed was manifestly excessive' "Whether there was disparity between the applicant's sentence and that of a co-offender" 'Whether failure to consider extra-curial punishment justifies further action']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['Application made pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 is dismissed']