Application by Richard William Buttrose pursuant to s78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 826

Application by Richard William Buttrose pursuant to s78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 826

No Muldrock error occurred in the Court of Criminal Appeal's re-sentencing of the applicant as there was no reference to, or determinative reliance on, the standard non-parole period. The errors corrected on appeal related to fact finding and assessment of objective seriousness, not improper consideration of sentencing guideposts. There was accordingly no doubt or question as to any mitigating circumstance warranting inquiry.

Jurisdiction
Australia
Judgment Date
19 June 2014
Procedural Posture
Application for Inquiry Into Sentence Under S78 Crimes (appeal and Review) Act 2001 / Supreme Court (nsw) Decision on Application for Inquiry
Outcome
Application refused
Legal Topics
['sentencing' 'application for Inquiry Into Sentence' 'mitigating Circumstances' 'standard Non Parole Period' 'muldrock Error' 'supplying Prohibited Drug']
['criminal Law'] ['sentencing' 'application for Inquiry Into Sentence' 'mitigating Circumstances' 'standard Non Parole Period' 'muldrock Error' 'supplying Prohibited Drug']

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Procedural Posture

Application for Inquiry Into Sentence Under S78 Crimes (appeal and Review) Act 2001 / Supreme Court (nsw) Decision on Application for Inquiry

Legal Issues

  1. 1 ['Whether there is a doubt or question as to a mitigating circumstance in the sentence imposed on the applicant' 'Whether the sentencing or re-sentencing was infected with error due to undue emphasis on the standard non-parole period (Muldrock error)']

Ratio Decidendi

No Muldrock error occurred in the Court of Criminal Appeal's re-sentencing of the applicant as there was no reference to, or determinative reliance on, the standard non-parole period. The errors corrected on appeal related to fact finding and assessment of objective seriousness, not improper consideration of sentencing guideposts. There was accordingly no doubt or question as to any mitigating circumstance warranting inquiry.

Court Disposition

Application refused

Orders

  • ['Application for inquiry into sentence under s78 Crimes (Appeal and Review) Act 2001 refused']