JB - Application for inquiry into conviction pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2014] NSWSC 1714

JB - Application for inquiry into conviction pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2014] NSWSC 1714

Because the post-appeal material raised a number of questions about the integrity of the trial process leading to the jury's verdict and left the judge with a sense of unease or disquiet about the applicant's conviction, the whole of the case was referred to the Court of Criminal Appeal pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).

Jurisdiction
Australia
Judgment Date
20 November 2014
Procedural Posture
Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) for an Inquiry Into Conviction for Murder / On the Papers; Application Under Part 7 After Unsuccessful Appeal to the Court of Criminal Appeal and Unsuccessful Special Leave Application to the High Court of Australia
Outcome
Whole of the case referred to the Court of Criminal Appeal pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).
Legal Topics
['inquiry Into Conviction' 'referral to Court of Criminal Appeal' 'murder Conviction' 'prosecution Duty of Disclosure' 'conflict of Interest' 'child Accused' 'admissions Evidence']
['criminal Law' 'criminal Procedure'] ['inquiry Into Conviction' 'referral to Court of Criminal Appeal' 'murder Conviction' 'prosecution Duty of Disclosure' 'conflict of Interest' 'child Accused' 'admissions Evidence']

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Procedural Posture

Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) for an Inquiry Into Conviction for Murder / On the Papers; Application Under Part 7 After Unsuccessful Appeal to the Court of Criminal Appeal and Unsuccessful Special Leave Application to the High Court of Australia

Legal Issues

  1. 1 ['Whether material discovered after exhaustion of appeal avenues raised questions about the evidence of an important prosecution witness at trial.' "Whether the material raised questions about compliance with the prosecution's duty of disclosure." "Whether the material raised questions about whether the applicant's solicitor at trial and on appeal had a conflict of interest." 'Whether the whole of the case should be referred to the Court of Criminal Appeal pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).']

Ratio Decidendi

Because the post-appeal material raised a number of questions about the integrity of the trial process leading to the jury's verdict and left the judge with a sense of unease or disquiet about the applicant's conviction, the whole of the case was referred to the Court of Criminal Appeal pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).

Court Disposition

Whole of the case referred to the Court of Criminal Appeal pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).

Orders

  • ['I refer the whole of the case to the Court of Criminal Appeal pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act.']