P Hudd (Application under s 474D Crimes Act 1900) [1999] NSWSC 590

P Hudd (Application under s 474D Crimes Act 1900) [1999] NSWSC 590

The fresh material identified in the applicant's letter raised a doubt or question as to part of the evidence in the case, and because an inquiry was inappropriate, the proceedings should be referred under s 474E(1)(b) to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
18 June 1999
Procedural Posture
Application Pursuant to S 474 D of the Crimes Act 1900 for an Inquiry Into a Conviction / Supreme Court Consideration of Application; Proceedings Referred to the Court of Criminal Appeal
Outcome
Proceedings referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912.
Legal Topics
['post Conviction Review' 'referral to Court of Criminal Appeal' 'fresh Material' 'doubt or Question as to Evidence']
['criminal Law' 'criminal Procedure'] ['post Conviction Review' 'referral to Court of Criminal Appeal' 'fresh Material' 'doubt or Question as to Evidence']

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Procedural Posture

Application Pursuant to S 474 D of the Crimes Act 1900 for an Inquiry Into a Conviction / Supreme Court Consideration of Application; Proceedings Referred to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the application under s 474D of the Crimes Act 1900 should result in an inquiry or referral of the whole case to the Court of Criminal Appeal.' 'Whether the fresh material relied on by the applicant raised a doubt or question as to any part of the evidence in the case for the purposes of s 474E(2).']

Ratio Decidendi

The fresh material identified in the applicant's letter raised a doubt or question as to part of the evidence in the case, and because an inquiry was inappropriate, the proceedings should be referred under s 474E(1)(b) to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912.

Court Disposition

Proceedings referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912.

Orders

  • ['The proceedings be referred to the Court of Criminal Appeal, to be dealt with as an appeal under the Criminal Appeal Act 1912.']