Application by Christopher Cranney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 1005

Supreme Court New South Wales

Medium Neutral Citation: Application by Christopher Cranney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 1005 Hearing dates: On the papers Date of orders: 28 July 2022 Decision date: 28 July 2022 Jurisdiction: Common Law Before: Walton J Decision: The application of Christopher Cranney filed on 11 February 2021 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is dismissed for want of jurisdiction Catchwords: CRIMINAL LAW – application under s 78 of the Crimes (Appeal and Review) Act 2001 – general principles – jurisdiction – power to consider application for inquiry – where offender was convicted and sentenced for only offences against a law of the Commonwealth – Huynh v Attorney General (NSW) (2021) 396 ALR 422; [2021] NSWCA 297 – no power to determine application – application dismissed – want of jurisdiction Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Criminal Appeal Act 1912 (NSW), s 5 Criminal Code 1995 (Cth), ss 11.5, 141.1, 307.11 Judiciary Act 1903 (Cth), ss 68, 79 Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Attorney-General (Cth) v Huynh [2022] HCATrans 91 Cranney v R; Huynh v R [2017] NSWCCA 234 Huynh v Attorney General (NSW) (2021) 396 ALR 422; [2021] NSWCA 297 Potier – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2018] NSWSC 768 Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166 R v Christopher Phillip Cranney; R v Huy Bao Van Huynh [2015] NSWDC 276 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Category: Principal judgment Parties: Christopher Cranney (Applicant) Attorney-General of the Commonwealth (Respondent) Representation: Counsel: Applicant in person T Glover and M Pruscino (Respondent)