Application by Alexander (a pseudonym) pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2023] NSWSC 449

Supreme Court New South Wales

Medium Neutral Citation: Application by Alexander (a pseudonym) pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2023] NSWSC 449 Hearing dates: Review on the papers Date of orders: 1 May 2023 Decision date: 01 May 2023 Jurisdiction: Common Law Before: McNaughton J Decision: Application refused Catchwords: CRIMINAL LAW – inquiry into convictions relating to sexual and indecent assault against daughter – self represented at trial – judge alone trial – alleged breaches of procedural fairness – whether the Dietrich principle enlivened – alleged breaches of prosecutor's duties – no doubt or question as to applicant's guilt, any mitigating circumstances in the case or any part of evidence in the case – application refused Legislation Cited: Crime Commission Act 2012 (NSW) Crimes Act 1900 (NSW), ss 61M, 61O, 66C, 475 Crimes (Appeal and Review) Act 2001 (NSW), Pt 7, ss 78, 79 Criminal Appeal Act 1912 (NSW), s 6 Criminal Procedure Act 1986 (NSW), ss 61, 62, 63, 67, 142, 175, 183, 184, 185, 294A Evidence Act 1995 (NSW), s 138 Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Alexander (a pseudonym) v R [2019] NSWCCA 79 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 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Director of Public Prosecutions (NSW) v Chaouk [2010] NSWSC 1418 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 GAR v Attorney General for the State of New South Wales (No. 3) [2020] NSWCA 179 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 GILLIES, Max Perry – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2021] NSWSC 1392 R v Rendell (1987) 32 A Crim R 243 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: Alexander (Applicant) Attorney General of NSW (Respondent) Representation: Counsel: Alexander (Self-represented) N Wootton (Respondent)