Boyd v R [2016] NSWSC 1691

Supreme Court New South Wales

Medium Neutral Citation: Boyd v R [2016] NSWSC 1691 Hearing dates: 25 November 2016 Date of orders: 25 November 2016 Decision date: 30 November 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. Applicant refused leave to withdraw his application for determination of life sentences. 2. Applicant's Notice of Motion filed on 9 November 2016 dismissed. Catchwords: CRIMINAL LAW – application for determination of life sentences imposed in 1985 - four counts of murder and one of wounding with intent to murder - first determination application refused in 1994 - second application withdrawn in 2008 - third application filed in 2015 - application for leave to withdraw application - requirement for leave under Clause 6A of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999 as amended in 2008 - Crown opposes leave to withdraw - factors relevant to leave decision - past withdrawal and prior refused application - impact of further uncertainty upon families of victims - whether further delay before application can be brought would be purposeful - leave to withdraw application refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 2008 Interpretation Act 1987 Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; 187 CLR 384 Cribb v R [2008] NSWSC 265 R v Boyd (1995) 81 A Crim R 260 Texts Cited: --- Category: Principal judgment Parties: Samuel Leonard Boyd (Applicant) Regina (Respondent) Representation: Counsel: Mr PM Strickland SC (Applicant) Mr H Baker (Respondent)