Heuston - Application under Part 7 Crimes (Appeal & Review) Act 2001 [2009] NSWSC 1045

New South Wales Supreme Court

CITATION : Heuston - Application under Part 7 Crimes (Appeal & Review) Act 2001 [2009] NSWSC 1045

HEARING DATE(S) : On written submissions

JUDGMENT DATE : 2 October 2009

JUDGMENT OF : McClellan CJatCL

DECISION : Application rejected.

CATCHWORDS : CRIMINAL LAW - appeal - application for an inquiry - application rejected

Crimes Act 1900 LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 (previously entitled Crimes (Local Courts Appeal and Review) Act 2001) Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006

CASES CITED : R v Heuston [2003] NSWCCA 172 Varley v Attorney-General (1987) 8 NSWLR 30

PARTIES : Neil Heuston (Applicant) The Crown

FILE NUMBER(S) : SC 2006/72016

COUNSEL : L Babb SC/C Morris (Crown Advocate) D Barrow (Solicitor for applicant)

SOLICITORS : Legal Aid Commission of NSW Crown Solicitors Office of NSW

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCLELLAN CJ at CL

FRIDAY 2 OCTOBER 2009

2006/72016 HEUSTON, Neil

APPLICATION UNDER PART 7 OF THE CRIMES (APPEAL AND REVIEW) ACT

DECISION 1 HIS HONOUR: This is an application by Neil Heuston for an inquiry under s 474D of the Crimes Act 1900 into his conviction for various offences. The applicant seeks a reference of the whole case to the Court of Criminal Appeal, to be dealt with as an appeal under the Criminal Appeal Act 1912 pursuant to s 474E(1)(b).

2 On 23 February 2007, the Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006 commenced. Amongst the amendments effected by this Act was the transfer of Divisions 2, 3, 4 and 5 (ss 474B-474N) of Part 13A of the Crimes Act 1900 concerning review of convictions and sentences to become Divisions 2, 3, 4 and 5 (ss76-88) of Part 7 Crimes (Appeal and Review) Act 2001 (previously entitled Crimes (Local Courts Appeal and Review) Act 2001).