Application by Joy Lorraine Knight pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 285
No doubt or question as to a mitigating circumstance sufficient to meet the threshold under s.78 Crimes (Appeal and Review) Act 2001 was demonstrated. Significant weight given to standard non-parole period was not inconsistent with Muldrock, given the objective gravity of the offence. Application refused.
- Jurisdiction
- Australia
- Judgment Date
- 19 March 2014
- Procedural Posture
- Application Under S.78 Crimes (appeal and Review) Act 2001 / Application for Inquiry Into Sentence; Decision on Papers
- Outcome
- Application refused
- Legal Topics
- ['sentencing' 'application for Inquiry Into Sentence' 'mitigating Circumstances' 'muldrock Error' 'non Parole Periods' 'supply of Prohibited Drug']
Case Brief
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Procedural Posture
Application Under S.78 Crimes (appeal and Review) Act 2001 / Application for Inquiry Into Sentence; Decision on Papers
Legal Issues
- 1 ['Whether doubt or question as to a mitigating circumstance requiring referral to Court of Criminal Appeal under s.78 Crimes (Appeal and Review) Act 2001' 'Whether sentence was infected by Muldrock error (excessive weight to standard non-parole period)']
Ratio Decidendi
No doubt or question as to a mitigating circumstance sufficient to meet the threshold under s.78 Crimes (Appeal and Review) Act 2001 was demonstrated. Significant weight given to standard non-parole period was not inconsistent with Muldrock, given the objective gravity of the offence. Application refused.
Court Disposition
Application refused
Orders
- ['Application is refused.']
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