Application by Frank Sinkovich pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2013] NSWSC 1342

Supreme Court New South Wales

Medium Neutral Citation: Application by Frank Sinkovich pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2013] NSWSC 1342 Decision date: 17 September 2013 Jurisdiction: Common Law Before: Latham J Decision: Application refused Catchwords: CRIMINAL LAW - application for inquiry into sentence following conviction - s 78, Crimes (Appeal and Review) Act 2001 - whether change in sentencing practice brought about by High Court decision in Muldrock v The Queen capable of constituting "mitigating circumstance" in s 79, Crimes (Appeal and Review) Act 2001 - "mitigating circumstances" confined to errors of fact, not law - principle of finality - disparity between offenders who exercised right to appeal sentence pre-Muldrock and those who did not resolved by concept of merger - application refused Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Law Amendment Act 1883 Crimes Act 1900 Crimes Amendment (Review of Convictions and Sentences) Act 1996 Cases Cited: Application of Antoun El Hani [2007] NSWSC 330 Application of Peter James Holland [2008] NSWSC 251 The Application of Stevens (unreported, 23 May 2012) D'Orta Ekenaike v Victori Legal Aid (2005) 223 CLR 1 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Etchell v R [2010] NSWCCA 262 Montero v R [2013] NSWCCA 214 Muldrock v The Queen (2011) 244 CLR 120 R v Gregory [2002] NSWCCA 199 R v Ramsden [1972] Crim LR 547 R v Unger [1977] 2 NSWLR 990 R v Way (2004) 60 NSWLR 168 Sinkovich v R [2011] NSWCCA 90 Stevens - Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2011] NSWSC 1252 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 White v The King (1906) 4 CLR (Pt 1) 152 X7 v Australian Crime Commission [2013] HCA 29 Yin v R [2007] NSWCCA 350 Texts Cited: New South Wales Law Reform Commission (Sentencing; Interim Report on Standard Minimum Non-Parole Periods, Report 134 (2012)) Category: Principal judgment Parties: Frank Sinkovich - (Applicant) Regina - (Respondent) Representation: Solicitors Legal Aid New South Wales - (Applicant) Crown Solicitor - (Respondent) File Number(s): 2013/215547