TDP v Attorney General of New South Wales [2022] NSWSC 730

Supreme Court New South Wales

Medium Neutral Citation: TDP v Attorney General of New South Wales [2022] NSWSC 730 Hearing dates: On the papers Decision date: 02 September 2022 Jurisdiction: Common Law Before: Button J Decision: The application pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is dismissed Catchwords: CRIMINAL LAW – application under part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) (the Act) for inquiry into conviction – where applicant convicted of eleven counts of child sexual assault against his stepdaughter – where previous appeal to the Court of Criminal Appeal against conviction was dismissed – where previous application pursuant to s 78 of the Act was dismissed – application considered on the merits – where grounds of appeal do not raise "doubt or question" – where powerfully probative evidence of guilt tendered for applicant in proceedings on sentence – application dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: Application by TDP pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 1698 Hamilton v DPP [2020] NSWSC R v Westerman (1991) A Crim R 353 Scott v R [2020] NSWCCA 81 TDP v R; R v TDP [2013] NSWCCA 303 Category: Principal judgment Parties: TDP (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: TDP (Self-represented) S McGee (Respondent)