NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application by Foad Daghagheleh under Part 7 Crimes (Appeal and Review Act) 2001 [2016] NSWSC 1868 Hearing dates: On Written Submissions Date of orders: 19 December 2016 Decision date: 19 December 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: The application of Foad Daghagheleh of 20 June 2016 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is refused. Catchwords: CRIMINAL LAW – application for referral of convictions to Court of Criminal Appeal – Pt 7 of the Crimes (Appeal and Review) Act 2001 (NSW) – applicant pleaded guilty to assault with act of indecency – whether applicant could withdraw plea – whether requisite doubt about sentence – application refused Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79(3) Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Criminal Appeal Act 1912 (NSW) Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Application of Nardelli [2006] NSWSC 967 Wong v Director of Public Prosecutions [2005] NSWSC 129; (2005) 155 A Crim R 37 Category: Principal judgment Parties: Foad Daghagheleh (Applicant) Attorney General in and for the State of New South Wales (Respondent) Representation: Counsel: P Hawach, solicitor (Applicant) T Hammond (Respondent)
Solicitors: McAuley Hawach Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2016/187316
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