Application by Matias Eduardo Cicero Olivares pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 96

Supreme Court New South Wales

Medium Neutral Citation: Application by Matias Eduardo Cicero Olivares pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 96 Hearing dates: On the papers Date of orders: 18 February 2021 Decision date: 18 February 2021 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to s.79(1)(b) Crimes (Appeal and Review) Act 2001 (NSW), the whole of the Applicant's case is referred to the Court of Criminal Appeal to be dealt with as an appeal against sentence. 2. The Applicant's case should be listed before the Registrar of the Court of Criminal Appeal for further directions as soon as reasonably practicable. Catchwords: CRIMINAL LAW – application for referral of case to Court of Criminal Appeal to be dealt with as sentence appeal – Commonwealth drug trafficking offence and money laundering offence – whether doubt or question as to mitigating circumstance – approach on sentence to utilitarian value of guilty pleas – applicant sentenced before decision in Xiao v R – order for referral made Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1914 (Cth) Cases Cited: Application by Kangmin Bae pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 1413 Application of Chidiac [2015] NSWSC 157 Application of Pearson (1999) 46 NSWLR 148; [1999] NSWSC 143 Bae v R [2020] NSWCCA 35 Betka v R [2020] NSWCCA 191 Buttrose v Attorney General of NSW (2015) 324 ALR 562; [2015] NSWCA 221 Cicero Olivares v R [2016] NSWCCA 270 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Khalid v R (2020) 102 NSWLR 160; [2020] NSWCCA 73 Sinkovich v Attorney General of NSW (2013) 85 NSWLR 783; [2013] NSWCA 383 Small v R [2020] NSWCCA 216 Tyler v R (2007) 173 A Crim R 458; [2007] NSWCCA 247 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Texts Cited: --- Category: Principal judgment Parties: Matias Eduardo Cicero Olivares (Applicant) Attorney General for the State of NSW (Respondent) Representation: Counsel: Mr TD Anderson (Applicant) Ms E Amparo, solicitor (Respondent)