Phuong Canh Ngo - Application under Part 7 Crimes (Appeal and Review) Act 2001 [2010] NSWSC 981

Phuong Canh Ngo - Application under Part 7 Crimes (Appeal and Review) Act 2001 [2010] NSWSC 981

The application should not be considered or further dealt with because the issues raised had been fully dealt with at the trial, on appeal, and in the Patten Inquiry; the timing, telecommunications, motive, witness and murder-scene matters did not create a doubt about Ngo's guilt; and there were no special facts or special circumstances justifying further action.

Jurisdiction
Australia
Judgment Date
15 October 2010
Procedural Posture
Application for an Inquiry Into a Conviction Under Part 7 of the Crimes (appeal and Review) Act 2001 / Consideration on the Papers of a Further Application Under Ss 78 and 79
Outcome
Application should not be considered or further dealt with.
Legal Topics
['application for Inquiry Into Conviction' 'murder Conviction' 'doubt or Question as to Guilt' 'special Facts or Special Circumstances' 'telephone Evidence' 'timing Evidence' 'motive' 'refusal to Consider Application']
['criminal Law' 'criminal Procedure'] ['application for Inquiry Into Conviction' 'murder Conviction' 'doubt or Question as to Guilt' 'special Facts or Special Circumstances' 'telephone Evidence' 'timing Evidence' 'motive' 'refusal to Consider Application']

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Procedural Posture

Application for an Inquiry Into a Conviction Under Part 7 of the Crimes (appeal and Review) Act 2001 / Consideration on the Papers of a Further Application Under Ss 78 and 79

Legal Issues

  1. 1 ["Whether there was a doubt or question as to Ngo's guilt warranting an inquiry or referral to the Court of Criminal Appeal under s 79 of the Crimes (Appeal and Review) Act 2001." 'Whether issues raised about timing, telephone calls, motive, the accounts of Mr T and Mr N, and the murder scene justified further action.' 'Whether the matters had already been fully dealt with at trial, on appeal, or in the Patten Inquiry, and whether special facts or special circumstances justified further action.']

Ratio Decidendi

The application should not be considered or further dealt with because the issues raised had been fully dealt with at the trial, on appeal, and in the Patten Inquiry; the timing, telecommunications, motive, witness and murder-scene matters did not create a doubt about Ngo's guilt; and there were no special facts or special circumstances justifying further action.

Court Disposition

Application should not be considered or further dealt with.

Orders

  • ['The application should not be considered or otherwise further dealt with.']