Clark, Michael Rex – Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2015] NSWSC 1206

Supreme Court New South Wales

Medium Neutral Citation: Clark, Michael Rex – Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2015] NSWSC 1206 Hearing dates: On the papers Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Common Law Before: Harrison J Decision: Application dismissed Catchwords: CRIMINAL LAW – application for review of conviction – Crimes (Appeal and Review) Act 2001 s 78 – fresh evidence – whether report from phonetics expert amounted to fresh evidence – whether report casts doubt upon police transcript provided to jury as an aide memoir – whether jury may have been misled by aide memoire – where standard directions given to the jury by the trial judge were found to be sufficient – no sense of unease or disquiet in allowing conviction to stand – application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Cases Cited: Butera v DPP (Vic) [1984] HCA 58;(1984) 164 CLR 180 Clark v R [2010] NSWCCA 94 Honeysett v R [2014] HCA 29; (2014) 253 CLR 122 Irani v R [2008] NSWCCA 217; 188 A Crim R 125 Li v R [2003] NSWCCA 290; 139 A Crim R 281 R v Clark (No 3) [2008] NSWSC 795 R v Drollett [2005] NSWCCA 356 R v Leung [1999] NSWCCA 287; (1999) 47 NSWLR 405 R v Marsh [2005] NSWCCA 331 R v Menzies [1982] 1 NZLR 40 R v NZ [2005] NSWCCA 278; 63 NSWLR 628 R v Tang [2006] NSWCCA 167; 65 NSWLR 681 Category: Principal judgment Parties: Michael Rex Clark (Applicant) Crown Solicitor's Office (NSW) (Respondent) Representation: Counsel: G James QC AM with N Siafakas (Applicant) DT Kell (Respondent)