Application by Peter James Holland pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2017] NSWSC 462

Supreme Court New South Wales

Medium Neutral Citation: Application by Peter James Holland pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2017] NSWSC 462 Hearing dates: On written submissions Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: Application under s 79(3) of the Crimes (Appeal and Review) Act 2001 (NSW) refused. Catchwords: CRIMINAL LAW – application for inquiry into conviction under Crimes (Appeal and Review) Act 2001 (NSW), s 78 – where applicant had already appealed unsuccessfully to the Court of Criminal Appeal – where previous application for inquiry refused – whether the Court can refuse to consider the application under Crimes (Appeal and Review) Act, s 79(3) – whether the matter had been fully dealt with in proceedings or previous review – whether special circumstances exist. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Evidence Act 1995 (NSW) Listening Devices Act 1984 (NSW) Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Pavitt v The Queen [2007] NSWCCA 88; 169 A Crim R 452 R v Burton [2013] NSWCCA 335; 237 A Crim R 238 R v Holland [2002] NSWCCA 469 Re Cheney (No 1) [2015] NSWSC 291 R v Naa (2006) 76 NSWLR 271; [2006] NSWSC 851 R v Ryan [2013] NSWCCA 316 R v XY (2013) 84 NSWLR 363; [2013] NSWCCA 121 The Queen v Swaffield; Pavic v The Queen (1998) 192 CLR 159; [1998] HCA 1 Category: Principal judgment Parties: Peter James Holland (applicant) File Number(s): 2016/223185 Publication restriction: Nil