Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2019] NSWSC 1412

Supreme Court New South Wales

Medium Neutral Citation: Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2019] NSWSC 1412 Hearing dates: On the papers Decision date: 28 October 2019 Jurisdiction: Common Law Before: McCallum J Decision: Application dismissed Catchwords: CRIMINAL LAW – application under Part 7 of the Crimes (Appeal and Review) Act 2001 for inquiry into three convictions for murder – where applicant had already appealed unsuccessfully to the Court of Criminal Appeal and made a previous application for a Part 7 inquiry – appropriateness of determining second application – applicant representing himself – misunderstanding of reasons given in respect of previous application – applicant believing judge found new exculpatory evidence – consideration of alleged prejudicial conduct of Crown prosecutor and alleged incompetence of defence counsel – no doubt or question as to applicant's guilt Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss 78, 79 Criminal Appeal Act 1912 NSW Cases Cited: Alkhair v R [2016] NSWCCA 4; (2016) 255 A Crim R 419 Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review Act 2001 (No 1) [2015] NSWSC 291 Application of Dragan Cvetkovic pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 260 Application of Pedrana [2000] NSWSC 970; (2000) 117 A Crim R 459 Li v Attorney General for New South Wales [2019] NSWCA 95; (2019) 368 ALR 242 R v Birks (1990) 19 NSWLR 677 Re Application of Holland under s 78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Regina v Suey [2001] NSWSC 543 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Sinkovich v Attorney General of NSW (2013) 85 NSWLR 783; [2013] NSWCA 383 Tiwary v R [2012] NSWCCA 193 TKWJ v R [2002] HCA 46; (2002) 212 CLR 124 Wood v R (2012) 84 NSWLR 581; [2012] NSWCCA 21 Category: Principal judgment Parties: Sef Gonzales (applicant) Attorney General for NSW (respondent) Representation: Counsel: Applicant (self-represented) JS Emmett (respondent)