Application by Jens Grandt Mosegaard pursuant to s 78(1) Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1661

Supreme Court New South Wales

Medium Neutral Citation: Application by Jens Grandt Mosegaard pursuant to s 78(1) Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1661 Hearing dates: On the papers Decision date: 24 November 2014 Before: Harrison J Decision: The application of Jens Grandt Mosegaard made pursuant to s 78(1) of the Crimes (Appeal and Review) Act 2001 for an inquiry into his convictions for sexual assault is dismissed. Catchwords: CRIMINAL LAW - sexual assault - application for inquiry into convictions under s 78(1) Crimes (Appeal and Review) Act 2001 - whether incontrovertible proof of innocence - allegation that evidence destroyed or contaminated by investigating police officers - complaint that legal counsel and judicial officer corrupt and incompetent Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Cases Cited: Regina v Mosegaard [2005] NSWCCA 361 Varley v The Attorney-General in and for the State of New South Wales (1987) 8 NSWLR 30; (1987) 24 A Crim R 413 Category: Principal judgment Parties: Jens Grandt Mosegaard (Applicant) Regina (Respondent) Representation: Crown Solicitor's Office (Respondent) File Number(s): 2013/67382 Publication restriction: Nil

Judgment 1HIS HONOUR: Jens Mosegaard applies pursuant to s 78(1) of the Crimes (Appeal and Review) Act 2001 for an inquiry into his convictions for sexual assault. In my opinion, there is no doubt or question as to Mr Mosegaard's guilt, as to mitigating circumstances, or as to any part of the evidence in the case. There is in my view no basis for taking either of the courses for which s 79(1) (a) and (b) of the Act respectively provide. My reasons for coming to that conclusion are set out below.