NSW Police v Joel Peterson [2019] NSWLC 3

NSW Police v Joel Peterson [2019] NSWLC 3

The application for annulment was refused because the evidence tendered in support of the application was of very low probative value, as it relied solely on an unsworn affidavit lacking specific dates, corroboration, or sufficient explanation addressing the statutory criteria for annulment under s 8(2)(b) or (c) of the Crimes (Appeal and Review) Act 2001.

Parties
Applicant/defendant: Joel Peterson; Respondent/prosecution: NSW Police
Jurisdiction
Australia
Judgment Date
01 May 2019
Procedural Posture
Criminal / Application for Annulment of Convictions
Outcome
Application for annulment refused.
Legal Topics
Application for Annulment, Evidentiary Standard of Proof, Crimes (appeal and Review) Act 2001 S 8, Interests of Justice, Absence of Defendant at Hearing
Criminal Law Application for Annulment Evidentiary Standard of Proof Crimes (appeal and Review) Act 2001 S 8 Interests of Justice Absence of Defendant at Hearing

Case Brief

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Parties

Joel Peterson

Applicant/defendant

NSW Police

Respondent/prosecution

Procedural Posture

Criminal / Application for Annulment of Convictions

Legal Issues

  1. 1 Whether convictions recorded in the absence of the applicant should be annulled under s 8(2)(b) or s 8(2)(c) of the Crimes (Appeal and Review) Act 2001
  2. 2 Whether applicant was hindered by accident, illness, misadventure or other cause from taking action in relation to the original proceedings
  3. 3 Whether the interests of justice require annulment

Ratio Decidendi

The application for annulment was refused because the evidence tendered in support of the application was of very low probative value, as it relied solely on an unsworn affidavit lacking specific dates, corroboration, or sufficient explanation addressing the statutory criteria for annulment under s 8(2)(b) or (c) of the Crimes (Appeal and Review) Act 2001.

Court Disposition

Application for annulment refused.

Orders

  • The application for annulment of convictions recorded in the applicant's absence is refused.
  • Duty report ordered for each set of charges for sentencing purposes.