NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Antoun El Hani [2007] NSWSC 330
HEARING DATE(S) : On written submissions
JUDGMENT DATE : 12 April 2007
JUDGMENT OF : Johnson J at 1
DECISION : Application under s.78 Crimes (Appeal and Review) Act 2001 refused.
CATCHWORDS : CRIMINAL LAW - application for inquiry or referral under s.78 Crimes (Appeal and Review) Act 2001 concerning sentence - applicant pleaded guilty to being knowingly concerned in importation of a commercial quantity of ecstasy contrary to s.233B(1)(d) Customs Act 1901 (Cth) - unsuccessful appeals against sentence to Court of Criminal Appeal and High Court of Australia - unsuccessful prior application for inquiry or referral under s.474D Crimes Act 1900 - scope of power under s.79(1) concerning federal offence - application based upon applicant's assistance to law enforcement authorities since sentence passed in District Court and appeal dismissed by Court of Criminal Appeal - application to Commonwealth Executive for release on licence under s.19AP Crimes Act 1914 (Cth) is appropriate avenue and not application under s.78 Crimes (Appeal and Review) Act 2001 - application refused
Crimes Act 1900 Crimes (Appeal and Review) Act 2001 LEGISLATION CITED : Customs Act 1901 (Cth) Crimes Act 1914 (Cth) Criminal Appeal Act 1912
Application of Rendell (1987) 32 A Crim R 243 Application of Shepherd (Supreme Court of NSW, 13 September 1996, unreported) Application of Pearson (1999) 46 NSWLR 148 Kirk Group Holdings Pty Limited v WorkCover Authority of NSW (2006) 154 IR 310 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Eastman v Director of Public Prosecutions (ACT) [2003] 214 CLR 318 R v El Hani [2004] NSWCCA 162 CASES CITED : R v Vo and Tran [2006] NSWCCA 165 El Hani v The Queen [2005] HCA Trans 146 Segal v Waverley Council (2005) 64 NSWLR 177 Scullion v R (Court of Criminal Appeal, 15 July 1992, unreported, BC9203142) R v Munday (1981) 2 NSWLR 177 Douar v The Queen (2005) 159 A Crim R 154 R v Cartwright (1989) 17 NSWLR 243 R v Willard (2001) 120 A Crim R 450
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