Application by Darush Majid pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 709

Supreme Court New South Wales

Medium Neutral Citation: Application by Darush Majid pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 709 Hearing dates: On the papers Decision date: 03 June 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 at first instance and/or by Court of Criminal Appeal was infected by Muldrock error - no such error established - application refused Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Achurch v R (No 2) [2013] NSWCCA 117 Black v R [2013] NSWCCA 265 Butler v R [2012] NSWCCA 23 Majid v R [2010] NSWCCA 121 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 R v Way (2004) 60 NSWLR 168 Sinkovich v Attorney-General of New South Wales [2013] NSWCA 383 Category: Principal judgment Parties: Darush Majid - Applicant Attorney-General for NSW - Respondent Representation: Counsel: - Solicitors: Legal Aid New South Wales - Applicant