Application of Todd Douglas Little pursuant to s.78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 1658

Supreme Court New South Wales

Medium Neutral Citation: Application of Todd Douglas Little pursuant to s.78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 1658 Hearing dates: Dealt with on the Written Submissions Decision date: 21 November 2014 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: Application refused Catchwords: APPLICATION - Application for inquiry into sentence pursuant to s.78 Crimes (Appeal and Review) Act 2001 - offences of manufacturing and supplying large commercial quantity of a prohibited drug - firearms offences - guilty plea - new evidence not before the sentencing judge - whether question as to mitigating circumstance - special circumstances and the relevance of mental illness - question of error by the sentencing judge - whether new evidence sufficient to give rise to a sense of unease or disquiet - application refused Legislation Cited: Crimes (Appeal and Review) Act 2001, Criminal Appeal Act 1912, Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Application of Victor Makarov pursuant to s.78 of the Crimes (Appeal and Review) Act 2001 [2013] NSWSC 1468 R v Walsh; R v Little unreported, Supreme Court, 28.2.2005 Walsh v The Queen; Little v The Queen (2006) 168 A Crim R 237 R v Fidow [2004] NSWCCA 172 Caristo v R [2011] NSWCCA 7 Fitzpatrick v R [2010] NSWCCA 26 Category: Principal judgment Parties: Todd Douglas Little (Applicant) Attorney General for the State of New South Wales (Respondent) Representation: Counsel: S Buchen (Applicant) G Scragg (Respondent)