Chidiac, Neil – Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2015] NSWSC 157

Chidiac, Neil – Application pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2015] NSWSC 157

A sense of 'unease or a sense of disquiet' about the conviction has arisen, primarily due to the recantation of the principal witness (Oti), the weak and corroborated nature of the evidence, and new material relating to the failure to call a key witness (George). There is sufficient doubt as to Mr Chidiac's guilt to warrant referral of the whole case to the Court of Criminal Appeal under s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).

Jurisdiction
Australia
Judgment Date
09 March 2015
Procedural Posture
Application Pursuant to S 78 Crimes (appeal and Review) Act 2001 (nsw) / Decision on Referral to Court of Criminal Appeal
Outcome
Referral to the Court of Criminal Appeal
Legal Topics
['inquiry Subsequent to Conviction' 'application for Review of Conviction' 'corroboration' 'recantation of Witness Evidence' 'failure to Call Material Witness' 'availability of New Evidence']
['criminal Law'] ['inquiry Subsequent to Conviction' 'application for Review of Conviction' 'corroboration' 'recantation of Witness Evidence' 'failure to Call Material Witness' 'availability of New Evidence']

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Procedural Posture

Application Pursuant to S 78 Crimes (appeal and Review) Act 2001 (nsw) / Decision on Referral to Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether there is a doubt or question as to Mr Chidiac's guilt under s 79(2) Crimes (Appeal and Review) Act 2001 (NSW)" 'Whether new evidentiary material (including recantation by principal witness and evidence relating to a material witness not called) raises doubt about conviction' 'Whether supporting evidence used to corroborate accomplice testimony remains reliable']

Ratio Decidendi

A sense of 'unease or a sense of disquiet' about the conviction has arisen, primarily due to the recantation of the principal witness (Oti), the weak and corroborated nature of the evidence, and new material relating to the failure to call a key witness (George). There is sufficient doubt as to Mr Chidiac's guilt to warrant referral of the whole case to the Court of Criminal Appeal under s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).

Court Disposition

Referral to the Court of Criminal Appeal

Orders

  • ["Pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), the whole of Mr Chidiac's case for review of his conviction is referred to the Court of Criminal Appeal."]