Boyd v R [2016] NSWSC 1691

Boyd v R [2016] NSWSC 1691

Leave to withdraw the application was refused as there was no objective foundation for hope that further time or courses would assist the applicant materially, substantial weight was given to prior withdrawals, and the interests and certainty for the families of victims outweighed reasons advanced by the applicant.

Jurisdiction
Australia
Judgment Date
30 November 2016
Procedural Posture
Application for Determination of Life Sentences / Application for Leave to Withdraw; Notice of Motion Dismissed
Outcome
Leave to withdraw application refused; Notice of Motion dismissed.
Legal Topics
['determination of Life Sentences' 'withdrawal of Application' 'impact on Victims' 'statutory Interpretation']
['criminal Law'] ['determination of Life Sentences' 'withdrawal of Application' 'impact on Victims' 'statutory Interpretation']

Case Brief

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Procedural Posture

Application for Determination of Life Sentences / Application for Leave to Withdraw; Notice of Motion Dismissed

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw an application to determine life sentences' 'Factors relevant to granting leave under Clause 6A of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

Leave to withdraw the application was refused as there was no objective foundation for hope that further time or courses would assist the applicant materially, substantial weight was given to prior withdrawals, and the interests and certainty for the families of victims outweighed reasons advanced by the applicant.

Court Disposition

Leave to withdraw application refused; Notice of Motion dismissed.

Orders

  • ['Applicant refused leave to withdraw his application for determination of life sentences.' "Applicant's Notice of Motion filed on 9 November 2016 dismissed."]