Application by FB pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 485

Application by FB pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 485

There was sufficient evidence of Muldrock error infecting the sentence imposed as a result of reliance on R v Way, which was no longer correct law. Such legal error constitutes mitigating circumstances justifying referral to the Court of Criminal Appeal for determination whether the error affected the sentence imposed.

Parties
Applicant: FB; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 April 2014
Procedural Posture
Application for Referral Under Crimes (appeal and Review) Act 2001 (nsw) / Application Granted, Referral to Court of Criminal Appeal
Outcome
Application granted; matter referred to Court of Criminal Appeal as an appeal under the Criminal Appeal Act 1912.
Legal Topics
Sentencing, Muldrock Error, Inquiry Under S 78 Crimes (appeal and Review) Act
Criminal Law Sentencing Muldrock Error Inquiry Under S 78 Crimes (appeal and Review) Act

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Parties

FB

Applicant

Regina

Respondent

Procedural Posture

Application for Referral Under Crimes (appeal and Review) Act 2001 (nsw) / Application Granted, Referral to Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentence imposed was infected by Muldrock error
  2. 2 Whether R v Way was wrongly followed as sentencing principle
  3. 3 Whether mitigating circumstances justify inquiry and referral

Ratio Decidendi

There was sufficient evidence of Muldrock error infecting the sentence imposed as a result of reliance on R v Way, which was no longer correct law. Such legal error constitutes mitigating circumstances justifying referral to the Court of Criminal Appeal for determination whether the error affected the sentence imposed.

Court Disposition

Application granted; matter referred to Court of Criminal Appeal as an appeal under the Criminal Appeal Act 1912.

Orders

  • Matter referred to Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912.