Application by Crespin Adanguidi pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 442

Supreme Court New South Wales

Medium Neutral Citation: Application by Crespin Adanguidi pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 442 Hearing dates: On the papers Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: (1) The application for an inquiry into the applicant's convictions and/or sentences is refused. (2) I direct that pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), the whole of the applicant's case is referred to the Court of Criminal Appeal to be dealt with as an appeal. (3) The applicant's case be listed before the Registrar of the Court of Criminal Appeal for further directions as soon as reasonably practicable. Catchwords: CRIME – Appeal and review – application to Supreme Court for inquiry into conviction under Part 7 Crimes (Appeal and Review) Act 2001 – murder – three convictions -– sentenced to life imprisonment – defences of mental illness and substantial impairment rejected at trial – new expert reports – advances in the understanding of the relationship between prodromal or first episode schizophrenia and violent offending – confirmation of the nature of the applicant's illness at the time of the offending through subsequent treatment – expert opinion in new reports diverges from that given at trial – a doubt or question as to guilt found CRIME – Appeal and review – application to Supreme Court for inquiry into conviction under Part 7 Crimes (Appeal and Review) Act 2001 – sentence appeal dismissed – no appeal against conviction – discretion under s 79(3) to refuse to deal with application available as avenues of appeal not yet exhausted – special circumstances demonstrated – application for inquiry refused – whole matter referred to the Court of Criminal Appeal on the Court's own motion Legislation Cited: Crimes Act 1900 (NSW), ss 18, 23A Crimes (Appeal and Review) Act 2001 (NSW), Part 7 Crimes Act 1900 (ACT), s 422 Mental Health (Forensic Provisions) Act 1990 (NSW) (repealed) Cases Cited: Adanguidi v Regina (2006) 167 A Crim R 295; [2006] NSWCCA 404 Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2020] NSWSC 1048 Application by Brian Steer under Part 7 of the Crimes (Appeal and Review) Act 2001 [2020] NSWSC 623 Application by Pavel Svanda under Part 7, s 78 of the Crimes (Appeal and Review Act) 2001 (NSW) [2021] NSWSC 1061 Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2019] NSWSC 1412 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 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Eastman v Director of Public Prosecutions (ACT) (No 2) (2014) 9 ACTLR 178; [2014] ACTSCFC 2 GAR v Attorney General for the State of New South Wales (No 3) [2020] NSWCA 179 Jasmin v The Queen (2017) 51 WAR 505; [2017] WASCA 122 Lawson v The State of Western Australia [No 2] [2018] WASCA 204 Li v Attorney General for New South Wales [2018] NSWSC 674 Li v Attorney General for New South Wales (2019) 99 NSWLR 630; [2019] NSWCA 95 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Caruso (1988) 49 SASR 465; (1988) 37 A Crim R 1 R v Gibbings [1936] SASR 204 R v Porter (1933) 55 CLR 182; [1933] HCA 1 Regina v Crespin Adanguidi [2005] NSWSC 519 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Crespin Adanguidi (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: S De Brennan (Applicant) R McEwen (Respondent)