Application by Shelden Patrick Vaughan pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)

Shelden Patrick Vaughan applied to the Court for an inquiry into his sentence pursuant to section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). Vaughan was convicted of two serious violence offences occurring in a domestic violence context. He had previously applied unsuccessfully to the Court of Criminal Appeal for leave to appeal against his sentence. His primary complaint concerned the trial judge's appraisal of expert medical evidence relating to his mental health. Vaughan's application to the Court under section 78 was for an inquiry into his sentence, specifically focusing on the handling of expert medical evidence at his trial. The legal issues before the Court were whether there were any new materials or arguments presented by Vaughan that warranted an inquiry and whether there was any doubt or question about any mitigating circumstances or any part of the evidence.

The Court found that Vaughan had not presented any new material or arguments that would justify an inquiry into his sentence. The Court was satisfied that there was no doubt or question regarding any mitigating circumstances or any part of the evidence. The primary complaint Vaughan had was already considered and rejected by the Court of Criminal Appeal, and there was no new evidence or argument presented in this application. Consequently, the Court refused the application under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW).