GILLIES, Max Perry – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: GILLIES, Max Perry – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 1392 Hearing dates: Review on the papers Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Common Law Before: Beech-Jones Decision: Application refused Catchwords: CRIMINAL LAW – review of conviction – allegation that plea of guilty was improperly procured – allegation that trial transcript doctored – no factual basis for contentions – no question of principle – application dismissed. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Application of Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2008] NSWSC 251 Application of Rendell (1987) 32 A Crim R 243 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Gillies v District Court of NSW [2014] NSWCA 357 Gillies v Legal Aid Commission of New South Wales [2020] NSWSC 836 Loury v R [2010] NSWCCA 158 Meissner v R (1995) 184 CLR 132; [1995] HCA 41 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Max Perry Gillies (Applicant) File Number(s): 2020/351892

Judgment

Introduction 1. Pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (the "Review Act"), Mr Max Gillies seeks an inquiry into his convictions for two sexual offences, one entered in 1990 ("the 1990 conviction"), and the other entered in 2006 ("the 2006 conviction"). 2. The 1990 conviction was entered following the applicant's plea of guilty on 7 February 1990 to a charge of sexual intercourse without consent, contrary to former s 61D(1) of the Crimes Act 1900. In March 1990, he was sentenced to 3 years and 4 months imprisonment with a non-parole period of 2 years and 6 months. The 2006 conviction was entered following a jury finding the applicant guilty of one count of sexual intercourse without consent contrary to former s 61I of the Crimes Act after a jury trial. For that offence he was sentenced to a term of imprisonment comprising a non‑parole period of 5 years commencing 17 July 2006 and expiring on 16 July 2011 with an additional term of 1 years and 8 months. 3. In his application filed 11 December 2020, Mr Gillies submits that with the 1990 conviction he was pressured into pleading guilty. He contends that he was maliciously prosecuted when further allegations were made and that resulted in the 2006 conviction. [1] With regard to the 2006 conviction, Mr Gillies makes a number of submissions most of which concern or relate to an allegation that the court transcripts of his trial were tampered with. Mr Gillies contends that that these circumstances raise the appearance of doubt or question as to his guilt.