Application of Pierre Lemont pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: Application of Pierre Lemont pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 99 Hearing dates: On the papers Date of orders: 13 February 2018 Decision date: 13 February 2018 Jurisdiction: Common Law Before: Fagan J Decision: Pursuant to s 79(3) Crimes (Appeal and Review) Act 2001 the Court refuses to consider or otherwise deal with the application of Pierre Lemont filed under s 78 of that Act on 28 September 2017 Catchwords: CRIMINAL LAW – appeal and new trial – pardon, commutation of penalty, reference or petition for pardon and inquiry after conviction – application for inquiry into sentence under Crimes (Appeal and Review) Act 2001 (NSW), s 78 – where applicant had already appealed unsuccessfully to the District Court against severity of sentence – whether the Court can consider the application under Crimes (Appeal and Review) Act, s 79(2) – whether present evidence raises a doubt or question as to any mitigating circumstances – whether the Court can refuse to consider the application under Crimes (Appeal and Review) Act, s 79(3) – whether the matter had bene fully dealt with in the proceedings or previous review – whether special circumstances exist Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Application of Peter James Holland [2008] NSWSC 251 Category: Principal judgment Parties: Pierre Lemont Representation: Solicitors: Hunter Braddon (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/294719 Publication restriction: Nil