Application of Huy Huynh under Part 7 of the Crimes (Appeal and Review) Act 2001 for an Inquiry [2020] NSWSC 1356

Supreme Court New South Wales

Medium Neutral Citation: Application of Huy Huynh under Part 7 of the Crimes (Appeal and Review) Act 2001 for an Inquiry [2020] NSWSC 1356 Hearing dates: On the papers Decision date: 13 October 2020 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application Dismissed Catchwords: CRIME — Appeal and review — Application to Supreme Court for inquiry into conviction under Part 7 Crimes (Appeal and Review) Act 2001 – applicant convicted of a single conspiracy to import offence having multiple importations of a controlled substance – where appeal against conviction dismissed and special leave refused - whether a single conspiracy charge was an abuse of process – whether jury directions were appropriate - applicant raises arguments already raised and dealt with on appeal – no new evidence – application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Code Act 1995 (Cth) Cases Cited: Agius v R; Abibadra v R; Jandagi v R; Zerafa v R [2011] NSWCCA 119 Application of Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Cranney v R; Huynh v R [2017] NSWCCA 234 Gerakiteys v R (1984) 153 CLR 317 Huynh v The Queen [2019] HCASL 6 R v James William Shepherd (1988) 37 A Crim R 303 R v LK; R v RK [2010] HCA 17; (2010) 241 CLR 177 Savvas v The Queen [1995] HCA 29; (1995) 183 CLR Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Huy Huynh (Applicant) Attorney-General of NSW (Respondent) Representation: Counsel: Huy Huynh (Applicant) P Aitken (NSW Attorney-General) File Number(s): 2020/86959 Publication restriction: Not Applicable