NSW Caselaw
New South Wales Supreme Court
CITATION : HIGGINS [2007] NSWSC 848
HEARING DATE(S) : On written submissions
JUDGMENT DATE : 6 August 2007
JUDGMENT OF : Fullerton J
DECISION : Application dismissed.
CATCHWORDS : CRIMINAL LAW - APPLICATION FOR AN ORDER UNDER PART 7 CRIMES (APPEAL AND REVIEW) ACT - Whether investigation inadequate - Inaccurate and inconsistent evidence at trial - Evidence not produced at trial - Fresh evidence
Crimes Act 1900 LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 Criminal Appeal Rules 1912 Evidence Act 1995
Application of Antoun El Hani [2007] NSWSC 330 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 CASES CITED : Higgins v R [2007] NSWCCA 56 R v Higgins [2006] NSWCCA 326 R v Zhang [2000] NSWSC 1099 Varley v Attorney General (NSW) (1987) 8 NSWLR 30
PARTIES : Graham Higgins (Appl)
FILE NUMBER(S) : SC 71002/07
SOLICITORS : Applicant in person Crown Solicitor's Office of NSW
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
FULLERTON J
6 AUGUST 2007
71002/07 APPLICATION OF GRAHAM PATRICK HIGGINS
JUDGMENT 1 HER HONOUR: By letter dated 9 January 2007, the applicant, Graham Patrick Higgins, makes an application under s 474D of the Crimes Act 1900 (repealed) for an inquiry and review of his conviction and the sentence imposed upon him on 6 March 2006 following a trial in the District Court of New South Wales at Lismore before his Honour Black DCJ and a jury for one count of "fraudulently omitting to account" contrary to s 178A of the Crimes Act.
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