THE APPLICATION OF BERNARD LEWIS MOORE [2000] NSWSC 364

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']

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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

  1. 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

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