GAR – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 982

GAR – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 982

There is no new or significant material to justify reconsidering GAR's conviction; all relevant issues, including the veracity of E's and ER's evidence, have been exhaustively examined in multiple proceedings. There are no special facts or circumstances warranting the exercise of the court's discretion under s 78.

Parties
Applicant: GAR; Respondent: Attorney General for NSW
Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Application for Inquiry Into Conviction / Determination of Application Under S 78 of the Crimes (appeal and Review) Act 2001
Outcome
Application refused
Legal Topics
Inquiry Into Conviction, Sexual Assault, Reconsideration of Previously Examined Issues
Criminal Law Inquiry Into Conviction Sexual Assault Reconsideration of Previously Examined Issues

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Parties

GAR

Applicant

Attorney General for NSW

Respondent

Procedural Posture

Application for Inquiry Into Conviction / Determination of Application Under S 78 of the Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 Whether an inquiry should be conducted into GAR's conviction for sexual assault under s 78 of the Crimes (Appeal and Review) Act 2001
  2. 2 Whether issues previously examined should be reconsidered based on new material

Ratio Decidendi

There is no new or significant material to justify reconsidering GAR's conviction; all relevant issues, including the veracity of E's and ER's evidence, have been exhaustively examined in multiple proceedings. There are no special facts or circumstances warranting the exercise of the court's discretion under s 78.

Court Disposition

Application refused

Orders

  • The Court refuses to consider or otherwise deal further with the application in accordance with s 79(3)(a) of the Crimes (Appeal and Review) Act 2001