Groundstroem v Attorney-General for New South Wales [2019] NSWSC 58

Supreme Court New South Wales

Medium Neutral Citation: Groundstroem v Attorney-General for New South Wales [2019] NSWSC 58 Hearing dates: On the papers Date of orders: 12 February 2019 Decision date: 12 February 2019 Jurisdiction: Common Law Before: Davies J Decision: Application under s 78 Crimes (Appeal and Review) Act 2001 refused. Catchwords: CRIMINAL LAW – application to direct an inquiry or to refer case to the Court of Criminal Appeal pursuant to s 78 Crimes (Appeal and Review) Act 2001 – applicant convicted and sentenced for four counts of sexual assault of his then wife – where the Court of Criminal Appeal had previously dismissed the applicant's conviction appeal and special leave to the High Court refused – whether there is a doubt or question as to the applicant's guilt – fresh evidence – where the application fails to adduce or even identify precisely the evidence sought to be relied upon – where the evidence does not amount to fresh evidence or is otherwise inadmissible – application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss 74, 78, 79 Criminal Procedure Act 1986 (NSW) Cases Cited: Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423 Groundstroem, Christoffer Andreas v R [2013] NSWCCA 237 Groundstroem v The Queen [2014] HCATrans 114 Texts Cited: Nil Category: Principal judgment Parties: Christoffer Groundstroem (Applicant) Attorney-General for New South Wales (Respondent) Representation: Counsel: Self-represented (Applicant) D New (Respondent)