Stevens - Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 by [2011] NSWSC 1252

Stevens - Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 by [2011] NSWSC 1252

The errors or ambiguities raised are not sufficiently significant to produce a sense of unease or justify referral for a further appeal; the charges and sentence were in conformity with statutory requirements; minor errors in the sentencing remarks do not warrant relief; no special circumstances are shown to advance the application.

Parties
Applicant: Gary John Stevens; Respondent: IV Knight
Jurisdiction
Australia
Judgment Date
21 October 2011
Procedural Posture
Application for Inquiry After Conviction and Sentence / Decision on Application for Referral to Court of Criminal Appeal
Outcome
Application refused
Legal Topics
Application for Inquiry, Sentencing Error, Duplicity and Ambiguity in Charges, Identity Theft, Financial Crime
Criminal Law Application for Inquiry Sentencing Error Duplicity and Ambiguity in Charges Identity Theft Financial Crime

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Parties

Gary John Stevens

Applicant

IV Knight

Respondent

Procedural Posture

Application for Inquiry After Conviction and Sentence / Decision on Application for Referral to Court of Criminal Appeal

Legal Issues

  1. 1 Whether sentencing judge took additional offences into account
  2. 2 Whether charges in counts 6 to 10 of the second indictment were bad for duplicity or ambiguity
  3. 3 Whether erroneous Crown submissions vitiated the sentence

Ratio Decidendi

The errors or ambiguities raised are not sufficiently significant to produce a sense of unease or justify referral for a further appeal; the charges and sentence were in conformity with statutory requirements; minor errors in the sentencing remarks do not warrant relief; no special circumstances are shown to advance the application.

Court Disposition

Application refused

Orders

  • Application for referral to Court of Criminal Appeal under s 78 Crimes (Appeal and Review) Act 2001 refused