Boyd v The Queen

Boyd sought a determination of the life sentences imposed in 1985, stemming from four counts of murder and one count of wounding with intent to murder. This case came before the court following Boyd's third application filed in 2015. Boyd's first application for a determination was refused in 1994, and the second application was withdrawn in 2008. The Crown opposed Boyd's application for leave to withdraw the current application under Clause 6A of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, as amended in 2008.

The court considered several legal issues, including whether the Crown's opposition to leave was justified, and the factors relevant to the leave decision. These factors included the prior withdrawal of the second application, the refusal of the first application, and the potential impact of further uncertainty on the families of the victims. The court also considered whether any further delay before the application could be brought would be purposeful. The Crown argued that the withdrawal of the application would cause further distress to the victims' families.

The court ultimately refused leave for Boyd to withdraw his application. The court determined that the Crown's opposition to leave was justified, and that the factors relevant to the leave decision weighed in favour of denying leave. The court found that the prior withdrawal of the second application and the refusal of the first application were significant factors. Additionally, the court found that the potential impact of further uncertainty on the victims' families was a relevant consideration. The court also found that any further delay before the application could be brought would not be purposeful.

The final orders of the court were that leave to withdraw the application was refused, and the application was to proceed to a determination of the sentences imposed in 1985. The court emphasised that its decision was based on the specific circumstances of this case, and that each application for leave to withdraw would be considered on its own merits.