Patsalis - Application for Inquiry into conviction pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2012] NSWSC 1597

Patsalis - Application for Inquiry into conviction pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2012] NSWSC 1597

The application is refused because no doubt or question arises as to the applicant's guilt, mitigating circumstances, or evidence; the arguments and material provided are repetitive of those considered at trial, appeal, or petition; there is no merit in the alleged fresh evidence or other grounds advanced.

Parties
Applicant: Michael Patsalis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
20 November 2012
Procedural Posture
Application for Inquiry Into Conviction / Decision on Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001
Outcome
Application refused
Legal Topics
Inquiry Into Conviction, Fresh Evidence, Admissibility of Evidence, Competence of Counsel, Joint Criminal Enterprise, Felony Murder
Criminal Law Inquiry Into Conviction Fresh Evidence Admissibility of Evidence Competence of Counsel Joint Criminal Enterprise Felony Murder

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Parties

Michael Patsalis

Applicant

Regina

Respondent

Procedural Posture

Application for Inquiry Into Conviction / Decision on Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 Whether there is a doubt or question as to the applicant's guilt or mitigating circumstances warranting inquiry under s 78 of the Crimes (Appeal and Review) Act 2001
  2. 2 Whether fresh or new evidence supports the application
  3. 3 Whether issues relating to admissibility of admissions and competence of counsel affect the conviction

Ratio Decidendi

The application is refused because no doubt or question arises as to the applicant's guilt, mitigating circumstances, or evidence; the arguments and material provided are repetitive of those considered at trial, appeal, or petition; there is no merit in the alleged fresh evidence or other grounds advanced.

Court Disposition

Application refused

Orders

  • The application under s 78 of the Crimes (Appeal and Review) Act 2001 is refused.