Application by Alexander (a pseudonym) pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2023] NSWSC 449

Procedural Posture

Application for an Inquiry Into Convictions Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) / Review on the Papers

Legal Issues

1. 1 ["Whether the application raised a doubt or question as to the applicant's guilt, any mitigating circumstances in the case, or any part of the evidence in the case within s 79(2) of the Crimes (Appeal and Review) Act 2001 (NSW)." 'Whether the applicant was forced to represent himself contrary to Dietrich v The Queen and Art 14 of the International Covenant on Civil and Political Rights.' 'Whether alleged procedural unfairness at trial, including alleged late addition of charges, lack of transcripts, and handling of evidence, raised a doubt or question about the convictions.' "Whether alleged breaches of prosecutors' duties, including alleged failures of disclosure, failure to call witnesses, and tendering of evidence, raised a doubt or question about the convictions." 'Whether the Court should refuse the application.']

Ratio Decidendi

The applicant's complaints, including the Dietrich and ICCPR arguments, alleged procedural unfairness, alleged prosecutorial breaches, and miscellaneous complaints, did not raise any doubt or question as to his guilt, any mitigating circumstances, or any part of the evidence under s 79(2) of the Crimes (Appeal and Review) Act 2001 (NSW). The applicant had been given appropriate opportunities over a period of years to obtain representation, the trial judge took steps to ensure fairness to him as a self-represented accused, the Court of Criminal Appeal had already considered relevant procedural fairness issues, and the remaining complaints were unsupported, misconceived, or did not bear on...

Court Disposition

Application refused

Orders

• ['Application refused']