Application by Malik Spania pursuant to s78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1688

Supreme Court New South Wales

Medium Neutral Citation: Application by Malik Spania pursuant to s78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1688 Hearing dates: On the papers Decision date: 27 November 2014 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 sentence infected by "Muldrock error" - offence of murder - guilty plea - "Muldrock error" did not arise in sentence judgment - no other mitigating circumstance raised - application refused. Legislation Cited: Crimes (Appeal and Review) Act 2001 - s78(1), s79(3) Criminal Appeal Act 1912 Cases Cited: Application by Bill Bayeh under Section 78 Crimes (Appeal and Review) Act 2001 [2012] NSWSC 1358 Application of Peter Holland [2001] NSWSC 251 Application of Rendell (1987) 32 A Crim R 243 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28; 214 CLR 318 Markarian v the Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Spania [2009] NSWSC 148 Sinkovich v Attorney General of NSW [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 at 48-50 Category: Principal judgment Parties: Malik Spania - Applicant Regina - Respondent Representation: Counsel: Solicitors: Kiki Kyraicou Lawyers - Applicant Crown Solicitor's Office - Respondent File Number(s): 2014/116847