Application by FB pursuant to s 78 Crimes (Appeal and Review) Act 2001

The applicant, FB, sought an inquiry into the sentence imposed upon them under section 78 of the Crimes (Appeal and Review) Act 2001. The matter was heard in the Supreme Court of New South Wales. FB argued that the sentence was infected by the Muldrock error, which pertains to the incorrect application of the law regarding the treatment of concurrent and consecutive sentences. The respondent, the Director of Public Prosecutions, opposed the application on the grounds that the sentence was lawfully imposed.

The court had to determine whether the sentence was indeed infected by the Muldrock error and, if so, whether the error was material enough to warrant an inquiry into the sentence. The court considered the submissions from both parties and examined the relevant case law and statutory provisions. The court found that the Muldrock error was present in the sentencing process and that it was material enough to affect the fairness and integrity of the sentence. Therefore, the court concluded that an inquiry was necessary to ensure the proper administration of justice.

The Supreme Court granted the application and referred the matter to the Court of Criminal Appeal for further inquiry. The court emphasised the importance of correcting any errors in sentencing to maintain the public's confidence in the criminal justice system. The court's decision ensures that FB's sentence will be reviewed by the Court of Criminal Appeal, and any necessary corrections will be made to address the Muldrock error.