Application by FD pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 2)

The case involved an application made by FD, a person convicted of a criminal offence, seeking an inquiry into the sentence imposed upon him under section 78 of the Crimes (Appeal and Review) Act 2001. The application was heard by the Court of Appeal, which was tasked with determining whether the sentence was manifestly excessive or inadequate, and whether there were any other grounds for an inquiry as provided in Part 7 of the Act.

The legal issues before the court included whether the sentence imposed on FD was manifestly excessive or inadequate, whether there were any grounds for an inquiry under the Act, and whether the application was made within the appropriate timeframe. The court also had to consider the criteria for an inquiry under section 78 and the principles of judicial review as they applied to the circumstances of the case.

The court found that the sentence imposed on FD was not manifestly excessive or inadequate, and there were no other grounds for an inquiry under the Act. The application was also found to be outside the appropriate timeframe. The court held that the principles of judicial review did not apply to the decision to impose the sentence, as the decision was a judicial one and not administrative in nature. The application was dismissed, and the sentence remained in place.

The final orders of the court were that the application by FD be dismissed, with no order as to costs.