Application of Pierre Lemont pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 99

Application of Pierre Lemont pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 99

The application was refused under s 79(3) because the issue of possible prostate cancer had already been considered during the previous appeal on sentence severity in the District Court, no new material facts or special circumstances had arisen since, and there was no basis for unease or disquiet about the sentence to suggest that reconsideration was warranted.

Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Application for Inquiry Into Sentence Under Crimes (appeal and Review) Act 2001 (nsw) / Determination on Application Under S 78 and S 79(3) on the Papers
Outcome
Application refused
Legal Topics
['appeal and New Trial' 'pardon, Commutation of Penalty, Reference or Petition for Pardon and Inquiry After Conviction' 'application for Inquiry Into Sentence' 'mitigating Circumstances' 'crimes (appeal and Review) Act 2001 (nsw) S 78, S 79(2), S 79(3)']
['criminal Law'] ['appeal and New Trial' 'pardon, Commutation of Penalty, Reference or Petition for Pardon and Inquiry After Conviction' 'application for Inquiry Into Sentence' 'mitigating Circumstances' 'crimes (appeal and Review) Act 2001 (nsw) S 78, S 79(2), S 79(3)']

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Procedural Posture

Application for Inquiry Into Sentence Under Crimes (appeal and Review) Act 2001 (nsw) / Determination on Application Under S 78 and S 79(3) on the Papers

Legal Issues

  1. 1 ['Whether the present medical evidence regarding possible prostate cancer raises a doubt or question as to any mitigating circumstances affecting sentence under s 79(2) Crimes (Appeal and Review) Act 2001 (NSW)' 'Whether the Court can refuse to consider the s 78 application under s 79(3) because the matter has been fully dealt with in previous proceedings' 'Whether special facts or special circumstances justify further action']

Ratio Decidendi

The application was refused under s 79(3) because the issue of possible prostate cancer had already been considered during the previous appeal on sentence severity in the District Court, no new material facts or special circumstances had arisen since, and there was no basis for unease or disquiet about the sentence to suggest that reconsideration was warranted.

Court Disposition

Application refused

Orders

  • ['Pursuant to s 79(3) Crimes (Appeal and Review) Act 2001 the Court refuses to consider or otherwise deal with the application of Pierre Lemont filed under s 78 of that Act on 28 September 2017']