Application by Simon Monteiro pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 710

Application by Simon Monteiro pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 710

Error was established in the judgment of the Court of Criminal Appeal, which treated the standard non-parole period as determinative, contrary to the principles in Muldrock. Therefore, doubt arises as to a mitigating circumstance, justifying the application and referral.

Parties
Applicant: Simon Monteiro; Respondent: Attorney-General for NSW
Jurisdiction
Australia
Judgment Date
03 June 2014
Procedural Posture
Application Under S. 78 of the Crimes (appeal and Review) Act 2001 / Application for Referral to Court of Criminal Appeal
Outcome
Application granted. Matter referred to Court of Criminal Appeal as an appeal.
Legal Topics
Sentencing, Standard Non Parole Period, Muldrock Error, Appeal Procedure, Referral Under S. 78 Crimes (appeal and Review) Act 2001
Criminal Law Sentencing Standard Non Parole Period Muldrock Error Appeal Procedure Referral Under S. 78 Crimes (appeal and Review) Act 2001

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Parties

Simon Monteiro

Applicant

Attorney-General for NSW

Respondent

Procedural Posture

Application Under S. 78 of the Crimes (appeal and Review) Act 2001 / Application for Referral to Court of Criminal Appeal

Legal Issues

  1. 1 Whether the sentences imposed were infected by Muldrock error regarding the standard non-parole period
  2. 2 Whether error gives rise to a doubt or question as to a mitigating circumstance warranting referral

Ratio Decidendi

Error was established in the judgment of the Court of Criminal Appeal, which treated the standard non-parole period as determinative, contrary to the principles in Muldrock. Therefore, doubt arises as to a mitigating circumstance, justifying the application and referral.

Court Disposition

Application granted. Matter referred to Court of Criminal Appeal as an appeal.

Orders

  • The application is granted.
  • The matter is referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912.