EL-HELOU, Gary - Application pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 66

Supreme Court New South Wales

Medium Neutral Citation: EL-HELOU, Gary - Application pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 66 Hearing dates: On the papers Decision date: 07 February 2014 Jurisdiction: Common Law Before: Button J Decision: Pursuant to s 79(1)(b) of the Crimes (Appeal And Review) Act 2001, the whole case is referred to the Court of Criminal Appeal, to be dealt with as an appeal against sentence under the Criminal Appeal Act 1912 Catchwords: CRIMINAL LAW - application for inquiry into sentence following conviction - Pt 7, Crimes (Appeal and Review) Act 2001 - whether asserted erroneous disparity between applicant's sentence and sentence subsequently imposed on co-offender can found 'a doubt or question' pursuant to s 79(2) Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 R v Yin [2007] NSWCCA 350 Sinkovich v Attorney General of New South Wales [2013] NSWCA 383 Varley v Attorney-General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Gary Mathew El-Helou (applicant) Regina (respondent) Representation: Counsel: H Dhanji SC (applicant) N Adams SC, D Kell (respondent) Solicitors: Lenz Legal (applicant) Crown Solicitor's Office (respondent) File Number(s): 2012/352796