Application by TDP pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 1698

Supreme Court New South Wales

Medium Neutral Citation: Application by TDP pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2018] NSWSC 1698 Hearing dates: On written submissions Date of orders: 09 November 2018 Decision date: 09 November 2018 Jurisdiction: Common Law Before: N Adams J Decision: The application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) is refused. Catchwords: CRIMINAL LAW - application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) ("the CAR Act") for an inquiry into the applicant's conviction and sentence for child sexual assault offences - where applicant convicted and sentenced for 11 counts of aggravated sexual assault and aggravated indecent assault against his stepdaughter - where the Court of Criminal Appeal had previously dismissed the applicant's conviction appeal - whether the Court should refuse to consider the application under s 79(3) of the CAR Act - consideration of the application in accordance with s 79(1)-(2) of the CAR Act - whether it appears that there is a doubt or question as to the applicant's guilt or as to any mitigating circumstances in the case Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 61M Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79, Pt 7 Criminal Appeal Act 1912 (NSW), s 6 Criminal Appeal Rules 1952 (NSW), r 4 Criminal Procedure Act 1986 (NSW), ss 6, 7, 8, 20, 142 Evidence Act 1995 (NSW), s 137 Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Buttrose v Attorney General of New South Wales (2015) 324 ALR 562; [2015] NSWCA 221 Grey v R (2001) 184 ALR 593; [2001] HCA 65 Kirk Group Holdings Pty Ltd v Workcover Authority of New South Wales (2006) 66 NSWLR 151; [2006] NSWCA 172 Livermore v R (2006) 67 NSWLR 659; [2006] NSWCCA 334 Mallard v R (2005) 224 CLR 125; [2005] HCA 68 R v Janceski (2005) 64 NSWLR 10; [2005] NSWCCA 281 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 TDP v R; R v TDP [2013] NSWCCA 303 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Procedural and other rulings Parties: TDP (Applicant) (Submissions) Attorney General of New South Wales (Submissions in reply) Representation: Self-represented (Applicant) S Palaniappan instructed by the Crown Solicitor's Office (Attorney General of New South Wales) File Number(s): 2018/40602 Publication restriction: Nil