Application by Adriana Kostov under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 489

Supreme Court New South Wales

Medium Neutral Citation: Application by Adriana Kostov under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 489 Hearing dates: On the papers Date of orders: 28 April 2022 Decision date: 28 April 2022 Jurisdiction: Common Law Before: Wright J Decision: The application for inquiry under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) filed on 17 December 2020 is refused. Catchwords: CRIMINAL LAW - application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) for an inquiry into the applicant's conviction – matter previously dealt with under Pt 7 of the Act – matter has been the subject of appeal proceedings where proceedings withdrawn or been allowed to lapse – Court not satisfied special facts or special circumstances that justify the taking of further action – alternatively, no doubt or question raised about the applicant's guilt Legislation Cited: Crimes Act 1900 (NSW), s 254 Crimes (Appeal and Review) Act 2001 (NSW), s 78 Crimes (Sentencing Procedure) Act 1999 (NSW), s 25 Criminal Procedure Act 1986 (NSW), s 196 Local Court Act 2007 (NSW), s 47 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Pt 2, Div 2 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 7.14 Cases Cited: Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2020] NSWSC 1048 Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Australian Capital Territory (2003) 214 CLR 318; [2003] HCA 28 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Douglas Harry Rendell (1987) 32 A Crim R 243 Eastman v Director of Public Prosecutions of the Kostov v Commissioner of Police, NSW Police Force (No 3) [2020] NSWSC 1122 Kostov v Director of Public Prosecutions (NSW) [2020] NSWCA 73 Kostov v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 94. Kostov v State of New South Wales (Vexatious Proceedings) [2018] NSWSC 1794 Milat, Ivan Robert Marko - Application under Section 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 209 Varley v Attorney-General in and for the State of New South Wales (1987) 8 NSWLR 30 Texts Cited: International Covenant on Civil and Political Rights, art 14 Category: Principal judgment Parties: Adriana Kostov (Applicant) Attorney General for New South Wales (Respondent) Representation: Applicant (self-represented)