NSW Caselaw
Reported Decision : [2000] 112 A Crim R 331
New South Wales Supreme Court
CITATION : THE APPLICATION OF BERNARD LEWIS MOORE [2000] NSWSC 364 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC No. 70090 of 1999 HEARING DATE(S) : Thursday 4 May 2000 JUDGMENT DATE : 4 May 2000
PARTIES : COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. MOORE, Bernard Lewis JUDGMENT OF : Greg James J at 1
COUNSEL : Crown: F. Veltro (Sol) Applicant: D. Barrow (Sol) SOLICITORS : Crown: Commonwealth Director of Public Prosecutions Applicant: Legal Aid Commission CATCHWORDS : Application for reference to Court of Criminal Appeal - doubt or question as to guilt or part of evidence - conviction many years old - asserted fresh evidence - principles for referral - "sense of unease" or "disquiet" in allowing conviction to stand - alternatively whether arguable ground of appeal raised. Crimes Act (NSW) 1900 LEGISLATION CITED : Customs Act (Cth) 1901 Criminal Appeal Act 1912 Varley v. The Attorney General (1987) 8 NSWLR 30 The Application of Douglas Harry Rendel (1987) 32 A. Crim. R. 243 Canellis v. Slattery (1994) 33 NSWLR 104 Vastag (CCA, unreported 20 June 1997) CASES CITED : Baartman (CCA, unreported 30 June 1997) Mickelberg (1989) 167 CLR 259 Hasenkamp (CCA, unreported 24 February 1998) Robinson [1999] NSWCCA 186 Johns [1999] NSWCCA 2-6 DECISION : Application refused
IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION
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