AB v Attorney General for New South Wales [2021] NSWSC 575

Supreme Court New South Wales

Medium Neutral Citation: AB v Attorney General for New South Wales [2021] NSWSC 575 Decision date: 24 May 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to the provisions of s 79(3) of the Crimes (Appeal and Review) Act 2001 (NSW), the Court refuses to consider or otherwise deal with the application further; (2) There are no special facts or circumstances prohibiting the exercise of discretion under s 79(3) of the aforesaid Act; (3) To the extent otherwise required, the application is dismissed. Catchwords: CRIMINAL PROCEDURE – Application for Inquiry into Sentence – Crimes (Appeal and Review Act) 2001, Part 7 – plea of guilty – sentence imposed – appeal to CCA – matters fully ventilated – discretion under s 79(3) of the Act – no doubt or question appears to Court - refusal to consider or further deal with matter Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: AB v R [2020] NSWCCA 170 Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24 Clark v Attorney General of New South Wales [2020] NSWCA 70 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 House v the King (1936) 55 CLR 499; [1936] HCA 40 Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (2006) 66 NSWLR 151; [2006] NSWCA 172 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 R v Goodwin (1990) 51 A Crim R 328 Ratten v The Queen (1974) 131 CLR 510; [1974] HCA 35 Re Coldham; ex parte Brideson (1989) 166 CLR 338; [1989] HCA 2 Re Queensland Electricity Commission; Ex parte Electrical Trades Union of Australia (1987) 61 ALJR 393; [1987] HCA 27 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Category: Principal judgment Parties: AB (Applicant) Attorney General for New South Wales (Respondent) Representation: Solicitors: Self-represented (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2020/295106 Decision under appeal Court or tribunal: Court of Criminal Appeal Jurisdiction: Common Law Citation: [2020] NSWCCA 170 Date of Decision: 22 July 2020 Before: Hoeben CJ at CL Adamson J Bellew J File Number(s): 2018/158916