THE APPLICATION OF BERNARD LEWIS MOORE [2000] NSWSC 364
The application is refused because the fresh evidence regarding police corruption does not sufficiently relate to the applicant's case or undermine the evidence of guilt at his original trial so as to raise a doubt or question as to his guilt, nor does it raise an arguable ground of appeal which would warrant referral to the Court of Criminal Appeal.
- Jurisdiction
- Australia
- Judgment Date
- 04 May 2000
- Procedural Posture
- Application for Inquiry Into Conviction / Referral to Court of Criminal Appeal / Judgment on Application Under S.474 D Crimes Act (nsw) 1900
- Outcome
- application refused
- Legal Topics
- ['application for Inquiry Into Conviction' 'fresh Evidence' 'corruption Affecting Witnesses' 'referral to Court of Criminal Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Inquiry Into Conviction / Referral to Court of Criminal Appeal / Judgment on Application Under S.474 D Crimes Act (nsw) 1900
Legal Issues
- 1 ["Whether fresh evidence of police corruption gives rise to a doubt or question as to the applicant's guilt or evidence in the case justifying referral to the Court of Criminal Appeal under s.474E Crimes Act (NSW) 1900"]
Ratio Decidendi
The application is refused because the fresh evidence regarding police corruption does not sufficiently relate to the applicant's case or undermine the evidence of guilt at his original trial so as to raise a doubt or question as to his guilt, nor does it raise an arguable ground of appeal which would warrant referral to the Court of Criminal Appeal.
Court Disposition
application refused
Orders
- []
Full Case Text
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