Application by Peter James Holland pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 384

Supreme Court New South Wales

Medium Neutral Citation: Application by Peter James Holland pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 384 Hearing dates: On the papers Date of orders: 28 April 2021 Decision date: 28 April 2021 Jurisdiction: Common Law Before: Davies J Decision: Application under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) refused under s 79(3). Catchwords: CRIMINAL LAW – application under s 78 of the Crimes (Appeal and Review) Act 2001 – whether doubt or question as to guilt of applicant – aggravated sexual intercourse without consent, and attempted sexual intercourse without consent – where Court of Criminal Appeal had dismissed applicant's appeal – two prior applications under s 78 unsuccessful – where applicant put forward the same issues dealt with in two previous applications – where no special facts or special circumstances raised – refusal to consider or otherwise deal with the matter pursuant to s79(3) of the Act Legislation Cited: Crimes Act 1900 (NSW) Part 13A (repealed) Crimes (Appeal and Review) Act 2001 (NSW) ss 78, 79 Cases Cited: Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423 Application by Peter James Holland pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2017] NSWSC 462 Application of Kalajzich, 18 September 1992, BC9201597 Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Clark v Attorney General of New South Wales [2020] NSWCA 70 Further application of Henry Edgar Des Rosiers pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 365 Milat, Ivan Robert Marko - Application under Section 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 209 R v Holland [2002] NSWCCA 469 Texts Cited: Nil Category: Principal judgment Parties: Peter James Holland (Applicant) Attorney-General for New South Wales (Respondent) Representation: Counsel: In person (Applicant) S Callan SC (Respondent)