JINDAL, Charulata – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2022] NSWSC 40

JINDAL, Charulata – Application under Part 7 Crimes (Appeal and Review) Act 2001 [2022] NSWSC 40

The Supreme Court has no jurisdiction under Part 7 of the Crimes (Appeal and Review) Act 2001 to review a conviction or sentence where those convictions and sentences have been set aside on appeal; thus, the application must be dismissed.

Parties
Applicant: Charulata Jindal
Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Application for Review Under Part 7 Crimes (appeal and Review) Act 2001 / Application Dismissed on the Papers
Outcome
Application dismissed
Legal Topics
Review Application, Jurisdiction, Working With Children Check, Conviction Set Aside
Criminal Law Administrative Law Review Application Jurisdiction Working With Children Check Conviction Set Aside

Case Brief

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Parties

Charulata Jindal

Applicant

Procedural Posture

Application for Review Under Part 7 Crimes (appeal and Review) Act 2001 / Application Dismissed on the Papers

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction under Part 7 Crimes (Appeal and Review) Act 2001 where convictions have been set aside
  2. 2 Whether application can be considered under s 49 of the Criminal Procedure Act 1986

Ratio Decidendi

The Supreme Court has no jurisdiction under Part 7 of the Crimes (Appeal and Review) Act 2001 to review a conviction or sentence where those convictions and sentences have been set aside on appeal; thus, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application for review under Part 7 of the Crimes (Appeal and Review) Act 2001 is dismissed