NSW Police Force v Gavrilov [2015] NSWLC 6

Local Court New South Wales

Medium Neutral Citation: NSW Police Force v Gavrilov [2015] NSWLC 6 Decision date: 29 May 2015 Jurisdiction: Criminal Before: Buscombe LCM Decision: The application is refused. Catchwords: CRIMINAL LAW - application for an annulment of a conviction and sentence pursuant to s 4 of the Crimes (Appeal and Review) Act 2001 (NSW) - prior application for an annulment of conviction found to have been withdrawn - whether leave is required Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 8, 10, 63 Crimes (Sentencing Procedure) Act 1999 (NSW), s 25(2) Crimes Act 1914 (Cth), s 20(1)(a) Criminal Procedure Act 1986 (NSW), s 196 Evidence Act 1995 (NSW), s 144 Cases Cited: Boulghourgian v Ryde City Council (2008) 8 DCLR (NSW) 314 Miller v DPP (2004) 145 A Crim R 95 Police v Edwards [2008] NSWLC 28 Rukavina v DPP [2008] NSWDC 214 Willis v R [2014] NSWDC 325 Category: Principal judgment Parties: NSW Police Force (Prosecution) Stanislav Gavrilov (Defence) Representation: Sgt J Francis (Police Prosecutor) S.A.S Lawyers (Solicitor for the Defence) File Number(s): 2014/124866 Publication restriction: Nil

JUDGMENT 1. This is an application for an annulment of a conviction and sentence by the applicant, Stanislav Gavrilov, under s 4 of the Crimes (Appeal and Review) Act 2001 (NSW) ("the Act") ("s 4 application"). I heard the application on 15 May 2015 and stood the matter over to today, so that a sound recording of what occurred in the proceedings on 12 June 2014 might be obtained.