Application of FD [2015] NSWSC 285

Supreme Court New South Wales

Medium Neutral Citation: Application of FD [2015] NSWSC 285 Hearing dates: On the papers Date of orders: 27 March 2015 Decision date: 27 March 2015 Before: Garling J Decision: Application pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 dismissed. Catchwords: CRIMINAL LAW – application under s 78 Crimes (Appeal and Review) Act 2001 for inquiry into sentence –applicant convicted at trial of armed robbery, malicious wounding with intent to cause grievous bodily harm and murder – unsuccessful appeal to Court of Criminal Appeal against conviction – leave granted by Court of Criminal Appeal to appeal against sentence – no doubt of the way in which the applicant's appeal against sentence was dealt with by the Court of Criminal Appeal – no basis for referral under Pt 7 Crimes (Appeal and Review) Act – application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v FD [2006] NSWCCA 31 R v FD; R v JD [2005] NSWSC 128 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Texts Cited: Not Applicable Category: Principal judgment Parties: FD (Applicant) Attorney-General of NSW (Respondent) Representation: Solicitors: Kiki Kyriacou (Applicant) NSW Crown Solicitors (Attorney-General) File Number(s): 2014/239120 Publication restriction: Order of the Court of Criminal appeal on 21 February 2006 that the applicant is to be referred to as FD, and that there is to be no publication of any material capable of identifying the applicant.