Application by Brian Steer under Part 7 of the Crimes (Appeal and Review) Act 2001 [2020] NSWSC 623

Supreme Court New South Wales

Medium Neutral Citation: Application by Brian Steer under Part 7 of the Crimes (Appeal and Review) Act 2001 [2020] NSWSC 623 Hearing dates: Application dealt with on the papers Date of orders: 26 May 2020 Decision date: 26 May 2020 Jurisdiction: Common Law Before: Hamill J Decision: Application dismissed. Decline to order inquiry into conviction or refer matter to the Court of Criminal Appeal. Catchwords: CRIMINAL LAW – application for review of conviction – attempt to escape from prison – where applicant hid in roof cavity of gaol for over 5 hours – where appeal against conviction dismissed and special leave refused – where complaint made as to particular aspects of the evidence – hearsay! – whether speculation and conjecture – whether opinion evidence inadmissible – where matters not raised in earlier appeal hearing – appropriate to consider matters afresh – whether there is an appearance of doubt as to the applicant's guilt – application dismissed Legislation Cited: Crimes Act 1900 (NSW), s 310D(b) Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW), ss 78, 79 Cases Cited: Application by Brian Wayne Coles pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 797 Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 1) [2015] NSWSC 291 Brian James Steer v The Queen [2015] HCASL 149, S 35/2015. D'Orta-Ekenaide v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Further Application by Gil Bum Yun Pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 825 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Steer v R [2014] NSWCCA 338 Category: Principal judgment Parties: Brian Steer (Applicant) Attorney General for the State of NSW (Respondent) Representation: Counsel: S McGee (Respondent)