Chidiac, Neil – Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2015] NSWSC 157

Supreme Court New South Wales

Medium Neutral Citation: Chidiac, Neil – Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2015] NSWSC 157 Hearing dates: On the papers Date of orders: 09 March 2015 Decision date: 09 March 2015 Before: Beech-Jones J Decision: Pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), the whole of Mr Chidiac's case for review of his conviction is referred to the Court of Criminal Appeal. Catchwords: CRIMINAL LAW – Inquiry subsequent to conviction – Crimes (Appeal and Review) Act 2001 s 78 – Applicant convicted of an offence contrary to s 233B Customs Act 1901 (Cth) – whether doubt or question as to guilt – evidence of accomplices – corroboration – reliability and credibility of principal witnesses – failure to call principal witness – availability of new evidentiary material. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) s 78, s 79 Crimes Act 1900 (NSW), s 474C, s 474D Customs Act 1901 (Cth), s 233B Cases Cited: Application of Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2008] NSWSC 251 Application of Rendell (1987) 32 A Crim R 243 Application of Victor Markarov under s 78 of Crimes (Appeal and Review) Act 2001 (NSW) [2013] NSWSC 1468 Chidiac v R; Asfour v R [1991] HCA 4, 171 CLR 432 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28; 214 CLR 318 Jones v Dunkel (1959) 101 CLR 298 R v Chidiac (Court of Criminal Appeal (NSW), Gleeson CJ, Meagher JA and Loveday J, 15 December 1989, unrep) R v Chidiac (District Court (NSW), Smyth DCJ, 24 February 1989, unrep) Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Neil Chidiac (Applicant) Representation: Counsel: