Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001 [2018] NSWSC 928

Supreme Court New South Wales

Medium Neutral Citation: Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001 [2018] NSWSC 928 Hearing dates: Written submissions Date of orders: 11 July 2018 Decision date: 11 July 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The application is dismissed. (2) I direct that the Registrar forward a copy of this judgment to the applicant. Catchwords: CRIMINAL LAW – Application under s 78 of the Crimes (Appeal and Review) Act 2001 – Whether doubt or question as to conviction – Applicant convicted of attempting to choke within intent to commit an indictable offence, namely indecent assault – Where applicant sought leave to appeal against his conviction from the Court of Criminal Appeal – Where leave was refused – Grounds relied upon in support of the present application determined by Court of Criminal Appeal – Where the applicant pointed to no further factors bearing upon those grounds – Application dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Application of Dragan Cvetkovic pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 260 Application of Dunn [2005] NSWSC 857 Application of Moore [2000] NSWSC 364; (2000) 112 A Crim R 331 Application of Rendell (1987) 32 A Crim R 243 Application of Suey [2001] NSWSC 543 Armand-Iskak v R [2014] NSWCCA 325 Buttrose v Attorney General of NSW [2015] NSWCA 221; (2018) 324 ALR 562 NSWSC 260 Osland v R (1998) 197 CLR 316; [1998] HCA 75 Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 R v Milat [2005] NSWSC 920; 157 A Crim R 565 Sinkovich v Attorney General of NSW (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Sheon Alexander Armand-Iskak – Applicant Attorney General for NSW – Respondent Representation: Counsel: Applicant – Self represented D New – Respondent