Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 2) [2015] NSWSC 293

Supreme Court New South Wales

Medium Neutral Citation: Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 2) [2015] NSWSC 293 Hearing dates: Written submissions Date of orders: 27 March 2015 Decision date: 27 March 2015 Before: Hamill J Decision: Application dismissed Catchwords: CRIMINAL LAW – application for review of conviction – aggravated sexual assault – applicant caught red handed with his trousers down – fresh evidence – - whether fresh evidence undermined evidence of police officer – where fresh evidence ambiguous – other grounds previously dealt with on appeal – complainant did not give evidence at trial – ground considered and rejected on appeal in 1998 – no sense of unease or disquiet in allowing conviction to stand Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1900 (NSW) Cases Cited: [2015] NSWSC 291 Application of Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Cheney v Sydney West Area Health Service [2007] NSWADT 75 R v Cheney (Criminal Court of Appeal (NSW), 28 April 1998, unrep) R v Cheney [2004] NSWSC 104 R v Garry Andrew Bayliss [2001] NSWSC 732; 124 A Crim R 362 SKAF, Bilal - Application under Part 7 Crimes (Appeal and Review) Act 2001 [2013] NSWSC 45 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Roger Cheney (Applicant) Attorney General for the State of NSW (Respondent) Representation: Counsel: Self-represented (Applicant) G Wright (Respondent)