Application by Bill Bayeh under s 78 Crimes (Appeal and Review) Act 2001 [2012] NSWSC 1358

Application by Bill Bayeh under s 78 Crimes (Appeal and Review) Act 2001 [2012] NSWSC 1358

The application for an inquiry into conviction and sentence was refused pursuant to s 79(3)(a)(iii) and (b) Crimes (Appeal and Review) Act 2001, on the basis that there was no additional evidence placed before the court which could raise a doubt or question as to the applicant's guilt or sentence, and that the applicant's assertions were unsupported, with no explanation for the delay.

Parties
Applicant: Bill Bayeh; Crown Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Application Under S 78 Crimes (appeal and Review) Act 2001 / Decision on Application
Outcome
Application dismissed
Legal Topics
Application to Set Aside Guilty Pleas, Inquiry Into Conviction and Sentence, Delay in Application, Absence of Evidence
Criminal Law Application to Set Aside Guilty Pleas Inquiry Into Conviction and Sentence Delay in Application Absence of Evidence

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Parties

Bill Bayeh

Applicant

Regina

Crown Respondent

Procedural Posture

Application Under S 78 Crimes (appeal and Review) Act 2001 / Decision on Application

Legal Issues

  1. 1 Whether there are grounds to direct an inquiry into conviction and sentence under s 78 Crimes (Appeal and Review) Act 2001
  2. 2 Whether delay or lack of evidence justifies refusal to consider application
  3. 3 Whether applicant's assertions warrant further consideration

Ratio Decidendi

The application for an inquiry into conviction and sentence was refused pursuant to s 79(3)(a)(iii) and (b) Crimes (Appeal and Review) Act 2001, on the basis that there was no additional evidence placed before the court which could raise a doubt or question as to the applicant's guilt or sentence, and that the applicant's assertions were unsupported, with no explanation for the delay.

Court Disposition

Application dismissed

Orders

  • Application under s 78 Crimes (Appeal and Review) Act 2001 dismissed
  • Refusal to further consider application under s 79