NSW Police Force v Gavrilov [2015] NSWLC 6

NSW Police Force v Gavrilov [2015] NSWLC 6

The applicant was not entitled to annulment because he knew of the original court date, was not shown by the medical certificate or other evidence to have been hindered by illness or other cause from attending on 19 May 2014, and it was not in the interests of justice to grant annulment where he had earlier withdrawn a s 4 application while legally represented and in accordance with instructions, did not re-agitate it at sentence, and sought belatedly to revisit that decision after a significant delay and after serving a significant part of the sentence.

Jurisdiction
Australia
Judgment Date
29 May 2015
Procedural Posture
Criminal Application for Annulment of Conviction and Sentence Under S 4 of the Crimes (appeal and Review) Act 2001 (nsw) / Local Court Hearing of Annulment Application; Application Refused
Outcome
The application is refused.
Legal Topics
['annulment of Conviction and Sentence' 'failure to Appear' 'leave for Further Annulment Application' 'interests of Justice' 'judicial Notice' 'domestic Violence Allegations']
['criminal Law' 'criminal Procedure' 'evidence'] ['annulment of Conviction and Sentence' 'failure to Appear' 'leave for Further Annulment Application' 'interests of Justice' 'judicial Notice' 'domestic Violence Allegations']

Case Brief

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Procedural Posture

Criminal Application for Annulment of Conviction and Sentence Under S 4 of the Crimes (appeal and Review) Act 2001 (nsw) / Local Court Hearing of Annulment Application; Application Refused

Legal Issues

  1. 1 ['Whether leave was required under s 4(3) of the Crimes (Appeal and Review) Act 2001 (NSW) where an earlier s 4 application had been filed and withdrawn before determination.' 'Whether the applicant was not aware of the original Local Court proceedings until after they were completed.' 'Whether the applicant was hindered by accident, illness, misadventure or other cause from taking action in relation to the original Local Court proceedings.' 'Whether, having regard to the circumstances of the case, it was in the interests of justice to annul the conviction.' 'Whether annulment of a conviction would also cause the sentence imposed as a consequence of that conviction to cease to have effect.']

Ratio Decidendi

The applicant was not entitled to annulment because he knew of the original court date, was not shown by the medical certificate or other evidence to have been hindered by illness or other cause from attending on 19 May 2014, and it was not in the interests of justice to grant annulment where he had earlier withdrawn a s 4 application while legally represented and in accordance with instructions, did not re-agitate it at sentence, and sought belatedly to revisit that decision after a significant delay and after serving a significant part of the sentence.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']