Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423 Hearing dates: On the papers Date of orders: 19 April 2017 Decision date: 19 April 2017 Jurisdiction: Common Law Before: Davies J Decision: 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 under the Criminal Appeal Act 1912 (NSW). Catchwords: CRIMINAL LAW – application for referral to the Court of Criminal Appeal pursuant to s 78 Crimes (Appeal and Review) Act 2001 – whether doubt or question as to sentence – supply large commercial quantity of precursor drug - separate sentencing of applicant and thereafter co-offenders – separate appeals – applicant's appeal determined first – reduction in sentences for co-offenders from errors made by sentencing judge – relative position in hierarchy of offending – applicant first time offender – co-offenders with criminal records – co-offenders on bail at time of offending – finding of doubt or question as to disparity of sentences – matter not previously dealt with in appeals - referral to the Court of Criminal Appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Buttrose v Attorney General of New South Wales [2015] NSWCA 221 Grover v R; Grover v R [2014] NSWCCA 315 Lowe v R [2015] NSWCCA 46 Matthew Soames v Regina [2014] NSWCCA 158 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney-General in and for the State of New South Wales (1987) 8 NSWLR 30 Category: Principal judgment Parties: Matthew Soames (Applicant) Attorney-General in and for the State of New South Wales (Respondent) Representation: Counsel: T Gartelmann SC (Applicant) C McGorey (Respondent)