Application by MLP pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 349

Application by MLP pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 349

There was no error in the approach taken by Bellew J and the Court in assessing the issue posed by s 6(3) Criminal Appeal Act; the sentencing discretion was exercised independently and afresh; all relevant evidence and submissions were taken into account; the application for referral for further re-sentencing was not warranted.

Parties
Applicant: MLP; Respondent: NSW Attorney General
Jurisdiction
Australia
Judgment Date
31 July 2012
Procedural Posture
Criminal Appeal Application / Application Under Pt 7 Div 3 Crimes (appeal and Review) Act
Outcome
Application refused
Legal Topics
Sentencing Principles, Exercise of Sentencing Discretion, Application of S 6(3) Criminal Appeal Act, Appeal Procedure
Criminal Law Sentencing Principles Exercise of Sentencing Discretion Application of S 6(3) Criminal Appeal Act Appeal Procedure

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Parties

MLP

Applicant

NSW Attorney General

Respondent

Procedural Posture

Criminal Appeal Application / Application Under Pt 7 Div 3 Crimes (appeal and Review) Act

Legal Issues

  1. 1 Whether sentencing principles were properly applied under Pt 7 Div 3 Crimes (Appeal and Review) Act
  2. 2 Whether Bellew J exercised sentencing discretion afresh in the second appeal
  3. 3 Whether error existed in the application of s 6(3) of the Criminal Appeal Act

Ratio Decidendi

There was no error in the approach taken by Bellew J and the Court in assessing the issue posed by s 6(3) Criminal Appeal Act; the sentencing discretion was exercised independently and afresh; all relevant evidence and submissions were taken into account; the application for referral for further re-sentencing was not warranted.

Court Disposition

Application refused

Orders

  • Application refused