Application by Shelden Vaughan pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2024] NSWSC 553

Supreme Court New South Wales

Medium Neutral Citation: Application by Shelden Vaughan pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2024] NSWSC 553 Hearing dates: On the papers Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: There are no special facts or special circumstances that justify the taking of further action and further action is declined. Catchwords: Application under s 78(1) of the Crimes (Appeal and Review) Act 2001 for inquiry into sentence – two serious violence offences – domestic violence context – unsuccessful application to Court of Criminal Appeal for leave to appeal against sentence – primary complaint in relation to appraisal on sentence of expert medical evidence on mental health – no new material or arguments – no doubt or question as to any mitigating circumstances or any part of the evidence – whether special facts or special circumstances that justify the taking of further action Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 53A(2)(b), 54B(4) Crimes Act 1900 (NSW), ss 27, 33(1)(b) Supreme Court Act 1970 (NSW), ss 23, 69 Cases Cited: Application by Shelden Patrick Vaughan pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 920 Vaughan v R [2020] NSWCCA 3 Category: Principal judgment Parties: Shelden Patrick Vaughan (Applicant) Attorney General for NSW (Respondent) Representation: Counsel: M. Dalla-Pozza (Respondent)