Application by Richard William Buttrose pursuant to s78 Crimes (Appeal and Review) Act 2001

Richard William Buttrose applied to the court for an inquiry into his sentence pursuant to section 78 of the Crimes (Appeal and Review) Act 2001. The applicant pleaded guilty to supplying a prohibited drug and to supplying a large commercial quantity of a prohibited drug. The court was required to determine whether there was a doubt or question as to a mitigating circumstance, and whether the sentencing was infected by the error identified in Muldrock v The Queen.

The court considered the principles outlined in Muldrock, which held that the Court of Criminal Appeal must give determinative significance to the standard non-parole period and engage in a two-stage process in sentence review. The applicant argued that the Court of Criminal Appeal did not adequately address these principles in his case. However, the court found that the Court of Criminal Appeal had indeed given determinative significance to the standard non-parole period and had engaged in a two-stage process in reviewing the sentence. Therefore, there was no basis for an inquiry into the sentence.

The court dismissed the application for an inquiry into the sentence, finding that there was no doubt or question as to a mitigating circumstance and that the sentencing was not infected by the error identified in Muldrock. As a result, the application was refused.