Clark v Attorney General of New South Wales [2019] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: Clark v Attorney General of New South Wales [2019] NSWSC 1277 Hearing dates: On the papers Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Common Law Before: Rothman J Decision: The following decision issues:

1. There are no special facts or circumstances prohibiting the exercise of discretion under s 79(3) of the Crimes (Appeal and Review) Act 2001 (NSW); 2. Pursuant to the provisions of s 79(3) of the aforementioned Act, the Court refuses to consider or otherwise deal with the application further; 3. To the extent otherwise required, the application is dismissed. Catchwords: CRIME – Part 7 of Crimes (Appeal and Review) Act 2001 – 3 counts of sexual offences and pervert course of justice – one count a directed verdict – 5 acquittals – various appeals already resolved – previous application to Governor dismissed – no special facts or circumstances prohibiting refusing to deal with the matter under s 79(3) of the Act – discretion exercised to refuse to deal with the application further – otherwise application for enquiry dismissed. Legislation Cited: Bail Act 1978 (NSW), s 9D Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW), ss 79(1), 79(2) Crimes (Appeal and Review) Act 2001 (NSW), s 78 Criminal Appeal Rules (NSW), r 50C Felons (Civil Proceedings) Act 1981 (NSW) Cases Cited: Application of PFC [2016] NSWCA 102 Clark v R [2014] NSWCCA 236 Clark v R [2015] NSWCCA 265 Clark v R (No 2) [2015] NSWCCA 271 Peter Frederick Clark v The Queen [2016] HCASL 79 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 House v King (1936) 55 CLR 499; [1936] HCA 40 Kirk Group Holdings Pty Ltd & v Workcover Authority of New South Wales [2006] NSWCA 172 PFC v State of New South Wales & Anor [2015] NSWSC 1507 PFC v R [2011] NSWCCA 275 PFC v R (No 2) [2014] NSWCCA 241 R v PFC [2011] NSWCCA 117 R v Daron John Wright (Supreme Court (NSW) Rothman J, 7 June 2005, unreported) Ratten v R (1974) 131 CLR 510; [1974] HCA 35 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4 SKAF, Bilal - Application under Part 7 Crimes (Appeal and Review) Act 2001 [2013] NSWSC 45 Category: Principal judgment Parties: Peter Frederick Clark (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: Self-represented (Applicant) P Aitken (Respondent)