Application of Michael Anthony Gleeson under the Crimes Act 1900 s 474D Crimes (Appeal and Review) Act 2001 s 78 [2008] NSWSC 200

Application of Michael Anthony Gleeson under the Crimes Act 1900 s 474D Crimes (Appeal and Review) Act 2001 s 78 [2008] NSWSC 200

The material advanced by the applicant did not cause any unease in allowing the convictions to stand and did not raise a doubt as to his guilt. The complaints were either without merit, irrelevant, or had already been dealt with in the original proceedings, appeal proceedings, and three previous review applications. There were no special facts or special circumstances justifying further action, so the Court refused to consider or otherwise deal with the application.

Jurisdiction
Australia
Judgment Date
17 January 2008
Procedural Posture
Application for Judicial Inquiry Into Conviction Under Crimes Act 1900 S 474 D, Taken to Be an Application Under Crimes (appeal and Review) Act 2001 S 78 / Fourth Application; Supreme Court Determination
Outcome
Application refused; the Court refused to consider or otherwise deal with the application.
Legal Topics
['judicial Inquiry Into Conviction' 'conviction Review' 'refusal to Consider Application' 'guilty Pleas' 'sexual Assault Convictions' 'special Facts or Special Circumstances']
['criminal Law' 'criminal Procedure'] ['judicial Inquiry Into Conviction' 'conviction Review' 'refusal to Consider Application' 'guilty Pleas' 'sexual Assault Convictions' 'special Facts or Special Circumstances']

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Procedural Posture

Application for Judicial Inquiry Into Conviction Under Crimes Act 1900 S 474 D, Taken to Be an Application Under Crimes (appeal and Review) Act 2001 S 78 / Fourth Application; Supreme Court Determination

Legal Issues

  1. 1 ['Whether the material provided by the applicant raised a doubt as to his guilt sufficient to justify an inquiry or referral to the Court of Criminal Appeal.' 'Whether the matter had been fully dealt with in the original proceedings, appeal proceedings, or previous review applications.' 'Whether there were special facts or special circumstances that justified taking further action.' "Whether alleged errors concerning the victim's statement date, the police fact sheet, counts not proceeded with, the applicant's apology, and the applicant's claim that he was bluffed into pleading guilty warranted further inquiry."]

Ratio Decidendi

The material advanced by the applicant did not cause any unease in allowing the convictions to stand and did not raise a doubt as to his guilt. The complaints were either without merit, irrelevant, or had already been dealt with in the original proceedings, appeal proceedings, and three previous review applications. There were no special facts or special circumstances justifying further action, so the Court refused to consider or otherwise deal with the application.

Court Disposition

Application refused; the Court refused to consider or otherwise deal with the application.

Orders

  • ['Application refused.']