Application by Alex Jimenez under s 78 Crimes (Appeal and Review) Act 2001 [2016] NSWSC 635

Supreme Court New South Wales

Medium Neutral Citation: Application by Alex Jimenez under s 78 Crimes (Appeal and Review) Act 2001 [2016] NSWSC 635 Hearing dates: On the papers Date of orders: 17 May 2016 Decision date: 17 May 2016 Before: Garling J Decision: Pursuant to s 78 of the Crimes (Appeal and Review) Act 2001, I refer the whole case to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912 Catchwords: CRIMINAL LAW – application for inquiry into conviction – Crimes (Appeal and Review) Act 2001, s 78 – where applicant convicted of possessing child abuse material under s 91H(2) of the Crimes Act 1900 – where applicant pleaded guilty on erroneous advice that "child" within the meaning of s 91H(2) is a person under the age of 18 years – where Local Court and District Court erroneously proceeded on basis that "child" within the meaning of s 91H(2) is a person under the age of 18 years – whether doubt or question as to the applicant's guilt Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Criminal Code Act 1995 (Cth) Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Meissner v The Queen [1995] HCA 41; (1995) 184 CLR 132 R v Hawker [2005] NSWCCA 118 R v Wilkes [2001] NSWCCA 97 Texts Cited: Not Applicable Category: Principal judgment Parties: Alex Jimenez (Applicant) File Number(s): 2016/28255 Publication restriction: Not Applicable