NSW Police v Joel Peterson [2019] NSWLC 3

Local Court New South Wales

Medium Neutral Citation: NSW Police v Joel Peterson [2019] NSWLC 3 Hearing dates: 30 April 2019 Date of orders: 30 April 2019 Decision date: 01 May 2019 Jurisdiction: Criminal Before: Magistrate Donnelly Decision: The application for annulment of convictions recorded in the applicant's absence is refused. Catchwords: CRIMINAL LAW - Application for annulment convictions, s 4 Crimes (Appeal and Review) Act 2001 – circumstances in which applications are to be granted – whether applicant hindered by accident, illness, misadventure or other cause – whether application should be granted in the interests of justice – evidentiary standard of proof – meaning of the word "satisfied" for the purposes of s 8 Crimes (Appeal and Review) Act (NSW) 2001 Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 4, 6, 7, 8 Interpretation Act 1987 (NSW) s 21 Cases Cited: Boensch v Commission of Fines Administration [2017] NSWCA 13 Boulghourgian v Ryde City Council [2008] NSWDC 310 Manny v Australian Securities and Investment Commission [2017] NSWCA 44 Miller v DPP (2004) 145 A Crim R 95; [2004] NSWCA 90 Rukavina v Director of Public Prosecutions [2008] NSWDC 214 Streater v Commissioner of Fines Administration [2015] NSWSC 1516 Willis v R [2014] NSWDC 325 Category: Consequential orders (other than Costs) Parties: Joel Peterson (applicant/ defendant) NSW Police (respondent/ prosecution) Representation: Ms Salman, of the Aboriginal Legal Service, for the applicant/ defendant Sergeant Aronis, of NSW Police Prosecutors, for the respondent / prosecution File Number(s): 2018/369817; 2018/370976; 2019/8935; 2019/11430 Publication restriction: Nil