No leave to appeal or extension of time is required when a case is referred to the CCA under s 77(1)(b) or s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW). The referral process circumvents these preliminary requirements because the referring body has already determined that there is merit. However, the question of whether leave is required for additional grounds not the subject of the referral remains open. Separately, where Muldrock error results in lesser individual sentences but partial accumulation is warranted, the appeal may be dismissed if the resulting overall term is not materially different from the original.
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6 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.