Application by Henry Edgar Des Rosiers pursuant to s78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 830

Supreme Court New South Wales

Medium Neutral Citation: Application by Henry Edgar Des Rosiers pursuant to s78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 830 Hearing dates: On the papers Decision date: 20 June 2014 Jurisdiction: Common Law - Criminal Before: Hoeben CJ at CL Decision: Application refused. Catchwords: APPLICATION - application for inquiry into sentence pursuant to s78 Crimes (Appeal and Review) Act 2001 - whether doubt or question as to a mitigating circumstance - whether sentencing infected by Muldrock error - offence of supplying a large commercial quantity of a prohibited drug - guilty plea - Court of Criminal Appeal did not give excessive weight to standard non-parole period - application refused. Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 - s25(2) Cases Cited: Butler v R [2012] NSWCCA 23 CDPP v Moore (2000) 112 A Crim R 331 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Rendell (1987) 32 A Crim R 243 Re Pedrana (2000) 117 A Crim R 459 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Henry Edgar Des Rosiers - Applicant Regina - Respondent Representation: Counsel: Solicitors: Legal Aid NSW - Applicant Crown Solicitor's Office - Respondent File Number(s): 2013/214882