CRIMINAL LAW — application for inquiry into sentence following conviction — s 78, Crimes (Appeal and Review) Act 2001 — whether change in sentencing practice brought about by High Court decision in Muldrock v The Queen capable of constituting "mitigating circumstance" in s 79, Crimes (Appeal and Review) Act 2001 — "mitigating circumstances" confined to errors of fact, not law — principle of finality — disparity between offenders who exercised right to appeal sentence pre-Muldrock and those who did not resolved by concept of merger — application refused
Case Details
Citation[2013] NSWSC 1342
CourtNSWSC
JurisdictionNew South Wales
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