Further Application of Richard William Buttrose pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 1851

Supreme Court New South Wales

Medium Neutral Citation: Further Application of Richard William Buttrose pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 1851 Hearing dates: On the papers Decision date: 04 December 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to s 79(1)(b) of the Criminal (Appeal and Review) Act 2001 the case of R v Richard William Buttrose is referred to the Court of Criminal Appeal of New South Wales to be dealt with as an appeal under the Criminal Appeal Act 1912. 2. Pursuant to s 79(5) of the Criminal (Appeal and Review) Act 2001 the Registrar of the Criminal Division of the Supreme Court is to advise the Minister of Order 1. 3. The Registrar of the Court of Criminal Appeal is to be advised of these orders, so that a timetable for the hearing of the matter can be fixed. Catchwords: CRIMINAL LAW – appeal – application under Pt 7 Div 3 Crimes (Appeal and Review) Act 2001 (NSW) – second s 78 application – Muldrock error – Form 1 offences – doubt or question as to mitigating circumstance Legislation Cited: Crimes (Appeal and Review) Act 2001(NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Application by Richard William Buttrose pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 826 Application of Peter James Holland under s. 78 of the Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Attorney-General's Application under s.37 of the Crimes (Sentencing Procedure) Act 1999 No.1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Bolt v R [2012] NSWCCA 50 Butler v R [2012] NSWCCA 23 Buttrose v Attorney General of New South Wales [2015] NSWCA 221 Buttrose v R [2011] NSWCCA 35 Dionys v R [2011] NSWCCA 272 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28; 214 CLR 318 Kirk v Industrial Relations Commission of New South Wales [2008] NSWCA 156; (2008) 173 IR 465 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Morgan (1993) 70 A Crim R 368 Sinkovich v Attorney General of New South Wales [2013] NSWCA 383; (2013) 85 NSWLR 783 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Richard Buttrose (Applicant) Regina (Respondent) Representation: Legal Aid (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2015/00269049-1