Standard Non-Parole Period Review Team
Did you receive a prison sentence for a "standard non-parole period
offence" committed after January 2003? (See Table below for offences)
If you did, it might be possible to apply to the courts for your sentence
to be reduced as a result of the High Court's decision in October 2011 in
Muldrock's case. (See Box below)
What is Muldrock about?
In 2003, NSW introduced standard non-parole periods as part of sentencing law.
The Court of Criminal Appeal decision in R v Way (2004) became the leading case on how the
standard non-periods should be applied.
Mr Muldrock was sentenced in the District Court for a standard non-parole period offence in
2009. Both he and the Crown appealed against the sentence.
The Court of Criminal Appeal upheld the Crown's appeal and increased the sentence. It
dismissed Mr Muldrock's appeal. Mr Muldrock then appealed to the High Court.
In October 2011, the High Court upheld the appeal (Muldrock v The Queen [2011] HCA 39). It
found, that R v Way was wrongly decided. It set out the proper sentencing process and
directed the NSW Court of Criminal Appeal to re-sentence Mr Muldrock.
Who are we?
We are the Standard Non-Parole Period Review Team, a new specialist service of
Legal Aid NSW set up in co-operation with the Aboriginal Legal Service to help
respond to Muldrock's case.
Our Team includes a solicitor from the Aboriginal Legal Service and barristers from
the Public Defender's Office.
Our service is free and confidential.
What are we doing?
We are reviewing cases of prisoners who are serving sentences for a standard nonparole period offence committed after January 2003. Our review will identify cases
which may, due to Muldrock's case, now be able to be appealed or some other
action taken to seek a reduction of the sentence.
You do not need to ask us to review your case. We will identify your case, whether
or not you have previously applied for legal aid or representation by the Aboriginal
Legal Service.
We will contact you (either directly or through the solicitor who acted for you) if we
find there are good grounds for applying to a court for your sentence to be reduced.
When we contact you we will invite you to apply for legal aid. If you are eligible for
legal aid, you will receive a grant of aid for a lawyer to represent you in court.
Our review includes the cases of prisoners serving a sentence for a standard nonparole period offence:

Who had an appeal against their sentence heard by the Court of Criminal
Appeal prior to 31 December 2011 (regardless of outcome)

Whose sentence was subject to a Crown appeal prior to 31 December 2011
(regardless of outcome)

Who have not appealed against their sentence to the Court of Criminal
Appeal
We are reviewing cases in order of priority.
The cases of prisoners who will be eligible for release within the next two years and
juvenile offenders will be reviewed first. The cases of prisoners who will be eligible
for release after 2015 will be reviewed later.
Current Notices of Intention to Appeal and Appeals yet to be heard by the Court of
Criminal Appeal
If you are serving a sentence for a standard non-parole period offence and you are
currently applying for legal aid for an appeal, have a grant of aid or are being
privately represented for an appeal against conviction and/or sentence, the solicitor
handling your case will identify whether further arguments relating to Muldrock's
case can be made.
More information
If you would like further information about our service you may contact us on the
Common Auto Dial List as a free call – just press 11# (Legal Aid Head Office) and ask
for the Standard Non-Parole Review Team or directly on phone: 02 9219 5948 or 02
92195853.
If you require the services of an interpreter we can arrange this for you.
Alternatively, you may write to us at:
Standard Non-Parole Period Review Team
Legal Aid NSW
PO Box K847
Haymarket 1238
You may also ask the visiting Prisoners Legal Service solicitor or Aboriginal Legal
Service staff to pass on your inquiry to us and we will respond directly to you.
Please note that if you are not serving a sentence for a standard non-parole period
offence, we will not be able to look at your matter.
If after looking at the table below you are still not sure whether you are serving a
sentence for a standard non-parole period offence you may contact us to check
whether your case is included in our review.
Table of Standard non-parole period offences
Offence
Murder
Conspiracy to murder - s26 Crimes Act
Attempt to murder - s27, 28, 29 or 30 Crimes Act
Wounding etc with intent to do bodily harm or resist arrest - s33 Crimes Act
Reckless causing of grievous bodily harm in company - s35(1) Crimes Act
Reckless causing of grievous bodily harm - s35(2) Crimes Act
Reckless wounding in company - s35(3) Crimes Act
Reckless wounding - s35(4) Crimes Act
Assault of police officer occasioning bodily harm - s60(2) Crimes Act
Wounding or inflicting grievous bodily harm on police officer - s60(3) Crimes Act
Sexual assault - s61I Crimes Act
Aggravated sexual assault - s61J Crimes Act
Aggravated sexual assault in company - s61JA Crimes Act
Aggravated indecent assault - s61M(1) Crimes Act
Aggravated indecent assault – child under 16 - 61M(2) Crimes Act
Sexual intercourse - child under 10 - s66A(1) or (2) Crimes Act
Robbery with arms etc and wounding - s98 Crimes Act
Breaking etc into any house etc and committing serious indictable offence in circumstances of
aggravation - s112(2) Crimes Act
Breaking etc into any house etc and committing serious indictable offence in circumstances of special
aggravation - s112(3) Crimes Act
Taking motor vehicle / vessel with assault or with occupant on board - s154C(1) Crimes Act
Taking motor vehicle / vessel with assault or with occupant on board in circumstances of aggravation s154C(2) Crimes Act
Organised car or boat rebirthing activities - s154G Crimes Act
Bushfires - s203E Crimes Act
Cultivation, supply or possession of prohibited plants, not less than large commercial quantity - s23(2)
Drug Misuse and Trafficking Act
Manufacture or production of commercial quantity of a prohibited drug (not cannabis)(and less than
large commercial quantity if one is specified in legislation) - s24(2) Drug Misuse and Trafficking Act
Manufacture or production of not less than large commercial quantity of prohibited drug (not cannabis)
- s24(2) Drug Misuse and Trafficking Act
Supplying commercial quantity of prohibited drug (not cannabis)(and less than large commercial
quantity if one is specified in legislation) - s25(2) Drug Misuse and Trafficking Act
Supplying not less than large commercial quantity of prohibited drug (not cannabis) - s25(2) Drug
Misuse and Trafficking Act
Unauthorised possession or use of firearms - s7 Firearms Act
Unauthorised sale of prohibited firearm or pistol - s51(1A) or (2A) Firearms Act
Unauthorised sale of firearms on an ongoing basis - s51B Firearms Act
Unauthorised possession of more than 3 firearms any one of which is a prohibited firearm or pistol s51D(2) Firearms Act
Unauthorised possession or use of prohibited weapon - s7 Weapons Prohibition Act
1. Note all are offences under NSW State law. 2. For Table including standard non-parole period and maximum penalty refer to Division 1A, Part 4
Crimes (Sentencing Procedure) Act 1999