Bolus - Application under Part 7 Crimes (Appeal & Review) Act 2001 [2008] NSWSC 806

Bolus - Application under Part 7 Crimes (Appeal & Review) Act 2001 [2008] NSWSC 806

The application was refused because, for a Federal offence, an inquiry was not available under s 79(1), and the applicant's contention about possible prejudice from Cornwell's admitted domestic drug dealing had no substance. The issue at trial was whether Bolus knew the nature of the importation enterprise; the Court of Criminal Appeal had already considered and rejected the submission that the verdict was unreasonable, and the evidence as a whole adequately supported the jury's verdict. There was no doubt or question as to Bolus' guilt or any part of the evidence warranting referral to the Court of Criminal Appeal.

Jurisdiction
Australia
Judgment Date
05 September 2008
Procedural Posture
Application Under Part 7 Crimes (appeal and Review) Act 2001 / Application Under S 78 Crimes (appeal and Review) Act 2001 Seeking an Inquiry; Determined on Written Submissions
Outcome
Application refused
Legal Topics
['application Under S 78 Crimes (appeal and Review) Act 2001' 'federal Offence' 'conspiracy to Import Commercial Quantity of Cocaine' 'scope of Power Under S 79(1) Crimes (appeal and Review) Act 2001' 'doubt or Question as to Guilt']
['criminal Law'] ['application Under S 78 Crimes (appeal and Review) Act 2001' 'federal Offence' 'conspiracy to Import Commercial Quantity of Cocaine' 'scope of Power Under S 79(1) Crimes (appeal and Review) Act 2001' 'doubt or Question as to Guilt']

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Procedural Posture

Application Under Part 7 Crimes (appeal and Review) Act 2001 / Application Under S 78 Crimes (appeal and Review) Act 2001 Seeking an Inquiry; Determined on Written Submissions

Legal Issues

  1. 1 ['Whether relief under s 79(1) of the Crimes (Appeal and Review) Act 2001 for a Federal offence could include an inquiry or was confined to referral to the Court of Criminal Appeal.' "Whether the applicant's contention about prejudice arising from Cornwell's admitted domestic drug dealing raised a doubt or question as to Bolus' guilt or any part of the evidence justifying referral to the Court of Criminal Appeal." "Whether the evidence as a whole adequately supported the jury's verdict that Bolus knew the true nature of the drug importation enterprise."]

Ratio Decidendi

The application was refused because, for a Federal offence, an inquiry was not available under s 79(1), and the applicant's contention about possible prejudice from Cornwell's admitted domestic drug dealing had no substance. The issue at trial was whether Bolus knew the nature of the importation enterprise; the Court of Criminal Appeal had already considered and rejected the submission that the verdict was unreasonable, and the evidence as a whole adequately supported the jury's verdict. There was no doubt or question as to Bolus' guilt or any part of the evidence warranting referral to the Court of Criminal Appeal.

Court Disposition

Application refused

Orders

  • ['The application is refused.']