Application by Christopher Cranney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 1005
As the applicant was convicted solely of offences against Commonwealth law, and section 79 of the Crimes (Appeal and Review) Act 2001 (NSW) confers no jurisdiction regarding federal offences, the Supreme Court must dismiss the application for want of jurisdiction.
- Jurisdiction
- Australia
- Judgment Date
- 28 July 2022
- Procedural Posture
- Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) / Dismissal for Want of Jurisdiction
- Outcome
- Application dismissed for want of jurisdiction
- Legal Topics
- ['inquiry Into Conviction' 'jurisdiction' 'federal Offences' 'crimes (appeal and Review) Act 2001 (nsw)']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) / Dismissal for Want of Jurisdiction
Legal Issues
- 1 ['Whether a Judge of the Supreme Court of New South Wales has jurisdiction to consider an application for inquiry into conviction for offences against a law of the Commonwealth under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)']
Ratio Decidendi
As the applicant was convicted solely of offences against Commonwealth law, and section 79 of the Crimes (Appeal and Review) Act 2001 (NSW) confers no jurisdiction regarding federal offences, the Supreme Court must dismiss the application for want of jurisdiction.
Court Disposition
Application dismissed for want of jurisdiction
Orders
- ['The application of Christopher Cranney filed on 11 February 2021 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is dismissed for want of jurisdiction']
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