Application of Dragan Cvetkovic pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (No 2) [2016] NSWSC 1301

Supreme Court New South Wales

Medium Neutral Citation: Application of Dragan Cvetkovic pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (No 2) [2016] NSWSC 1301 Hearing dates: On written submissions Decision date: 15 September 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 79(1)(b) of the Crimes (Appeal And Review) Act 2001 (NSW), the whole case is referred to the Court of Criminal Appeal, to be dealt with as an appeal against sentence pursuant to the Criminal Appeal Act 1912 (NSW). Catchwords: CRIMINAL LAW – Pt 7 of the Crimes (Appeal and Review) Act 2001 – whether "Muldrock error" at first instance – error conceded by Attorney-General Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 79, 79(1)(b) Criminal Appeal Act 1912 (NSW) Cases Cited: Application of Dragan Cvetkovic pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 260 Cvetkovic v R [2010] NSWCCA 66 Darush Majid pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 561 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Macadam-Kellie [2001] NSWCCA 170 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Category: Principal judgment Parties: Dragan Cvetkovic (Applicant) Attorney-General of New South Wales (Respondent) Representation: Counsel: A Chhabra (Applicant) T Hammond (Respondent)

Solicitors: O'Brien Solicitors (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2015/191159