Application by MLP pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 390

Supreme Court New South Wales

Medium Neutral Citation: Application by MLP pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 390 Hearing dates: On the papers Decision date: 04 April 2014 Before: Bellew J Decision: (i) The application is granted; (ii) The matter is referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912. Catchwords: CRIMINAL LAW - application under s. 78 of the Crimes (Appeal and Review) Act 2001 - whether doubt or question as to a mitigating circumstance - whether sentence infected by Muldrock error - where applicant convicted after trial of one count of sexual intercourse with a child - error established - application granted Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Cases Cited: MLP v R [2006] NSWCCA 271 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 The Application of Joy Lorraine Knight pursuant to s. 78 Crimes (Appeal and Review) Act [2014] NSWSC 285 The Application of Victor Makarov pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 NSW [2013] NSWSC 1468 Category: Principal judgment Parties: MLP - Applicant Attorney-General for NSW - Respondent Representation: Counsel: - Solicitors: Legal Aid New South Wales - Applicant Crown Solicitor for New South Wales - Respondent File Number(s): 2013/215629-1 Publication restriction: Nil