Application by Ashraf Mencarious pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 343

Supreme Court New South Wales

Medium Neutral Citation: Application by Ashraf Mencarious pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 343 Hearing dates: On the papers Decision date: 29 March 2022 Jurisdiction: Common Law Before: Ierace J Decision: The application of Ashraf Mencarious filed on 8 September 2021 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is refused. 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 murder – where appeal against conviction and sentence previously dismissed by Court of Criminal Appeal – where second appeal against sentence dismissed by Court of Criminal Appeal – whether doubt or question as to guilt Legislation Cited: Crimes Act 1900 (NSW), s 18 Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Cases Cited: Application by Pavel Svanda under Part 7, s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 1061 Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Application by Yu Hai Li pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 544 Gillies, Max Perry – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 1392 Mencarious v The Queen (2008) 189 A Crim R 219; [2008] NSWCCA 237 Mencarious v R [2014] NSWCCA 104 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 R v Mencarious [2006] NSWSC 719 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Category: Principal judgment Parties: Ashraf Mencarious (Applicant) Attorney General for New South Wales (Respondent) Representation: Counsel: A Mykkeltvedt (Respondent)