Application of Todd Douglas Little pursuant to s.78 of the Crimes (Appeal and Review) Act 2001 (NSW)

The applicant, Todd Douglas Little, sought an inquiry into his sentence under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). Little had pleaded guilty to offences involving the manufacture and supply of a large commercial quantity of a prohibited drug, as well as firearms offences. The Court of Criminal Appeal was tasked with reviewing the application and determining whether there were grounds for an inquiry into his sentence.

The court was required to decide if the application raised a question as to a mitigating circumstance that was not before the sentencing judge. Specifically, the court needed to determine if the special circumstances and the relevance of Little's mental illness constituted a mitigating factor that was not previously considered. Additionally, the court had to assess whether there was an error by the sentencing judge that would justify an inquiry under section 78 of the Act. The key issue was whether the new evidence was sufficient to give rise to a sense of unease or disquiet in the minds of the appeal court judges.

The court found that the application did not raise a question as to a mitigating circumstance that was not before the sentencing judge. The court held that the special circumstances and the relevance of Little's mental illness were matters that were considered or could have been considered by the sentencing judge. The court concluded that the new evidence did not give rise to a sense of unease or disquiet sufficient to warrant an inquiry into the sentence. Consequently, the application was refused.