Application by Brian Wayne Coles pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 797

Supreme Court New South Wales

Medium Neutral Citation: Application by Brian Wayne Coles pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 797 Hearing dates: Written submissions Decision date: 27 June 2019 Jurisdiction: Common Law Before: Hamill J Decision: Application refused. Catchwords: CRIMINAL LAW – application for review of conviction – s 78 Crimes Appeal and Review Act – whether there is an appearance of doubt as to the applicant's guilt – trial by judge alone in 1992 – appeal against conviction dismissed in 1993 – application for special leave refused by High Court in 1994 – no compelling new evidence – most matters considered by appeal courts in earlier proceedings – consideration of evidence and flaws in prosecution case – whether election for trial without jury flawed – whether election not to give sworn evidence led to miscarriage – whether trial Judge's reasons insufficient – where subsequent High Court cases suggest more reasons may be required – where issue considered by both CCA and High Court Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss. 78 -79 Crimes Act 1900 (NSW), s 61D(1) Criminal Procedure Act 1986 (NSW), s 133 Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8 Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 1) [2015] NSWSC 291 Application of Peter James Holland under s 78 Crimes (Appeal and Review) Act 2001 [2009] NSWSC 251 Filippou v R (2015) 256 CLR 47; [2015] HCA 29 Fleming v R (1998) 197 CLR 250; [1998] HCA 68 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Gipp v R [1998] HCA 21; (1998) 72 ALJR 1012 R v Brian Wayne Coles (District Court (NSW), 26 November 1992, unrep) R v Perry (1993) 29 NSWLR 589 Richard William Buttrose v A-G Of New South Wales [2015] NSWCA 221 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Further Application by Gil Bum Yun Pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 825 Category: Principal judgment Parties: Brian Wayne Coles (Applicant) Attorney General for the State of NSW (Respondent) Representation: Counsel: D Brezniak (Applicant) S McGee (Respondent)