Application by Simon Monteiro pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 710

Supreme Court New South Wales

Medium Neutral Citation: Application by Simon Monteiro pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 710 Hearing dates: On the papers Decision date: 03 June 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 evidence of Muldrock error - 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: Butler v R [2012] NSWCCA 23 Monteiro v R; R v Monteiro [2011] NSWCCA 113 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 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Simon Monteiro - Applicant Attorney-General for NSW - Respondent Representation: Counsel: Solicitors: Legal Aid New South Wales - Applicant Crown Solicitors for New South Wales - Respondent File Number(s): 2013/215601 Publication restriction: Nil