Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2020] NSWSC 1048

Supreme Court New South Wales

Medium Neutral Citation: Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2020] NSWSC 1048 Hearing dates: On written submissions Date of orders: 11 August 2020 Decision date: 11 August 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: The application is dismissed. Catchwords: CRIME — appeal and review — application to Supreme Court under Part 7 — application for inquiry into conviction — discretion for summary disposition of application — whether Court should consider or otherwise deal with application — where applicant relies only on matters previously raised at trial and on appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Criminal Appeal Act 1912 (NSW), s 6 Criminal Procedure Act 1986 (NSW), s 306S Cases Cited: Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2019] NSWSC 1412 Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001 [2018] NSWSC 928 Application of Dunn [2005] NSWSC 857 Application of Esposito (Supreme Court (NSW), Hunt CJ at CL, 14 July 1988, unrep) Application of Milat [2005] NSWSC 920; 157 A Crim R 565 Application of Peter James Holland under s.78 Crimes (Appeal and Review Act) 2001 [2008] NSWSC 251 Armand-Iskak v Attorney-General of New South Wales [2019] NSWCA 145 AZ v R [2018] NSWCCA 294 AZ v The Queen [2019] HCASL 192 Clark v Attorney General of New South Wales [2020] NSWCA 70 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (2006) 66 NSWLR 151; [2006] NSWCA 172 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: AZ (a pseudonym) (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: G Wright (Respondent)