Application by RHB pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 504

Supreme Court New South Wales

Medium Neutral Citation: Application by RHB pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 504 Hearing dates: On the papers Decision date: 16 May 2014 Before: Bellew J Decision: The application is refused. 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 imposed infected by Muldrock error Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Black v R [2013] NSWCCA 265 Director of Public Prosecutions (NSW) v RHB [2008] NSWCCA 236 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 R v RHB [2007] NSWSC 1466 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 R v Way (2004) 60 NSWLR 168 Sinkovich v Attorney-General of NSW [2013] NSWCA 383 Category: Principal judgment Parties: RHB - 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): 2013/215584 Publication restriction: Nil