Armstrong v R [2021] NSWCCA 311

Armstrong v R [2021] NSWCCA 311

The Court held that s 84 of the Crimes (Appeal and Review) Act 2001 could not be invoked merely because a free pardon had been granted. Read with s 85, s 82 and the structure and history of Part 7, an application under s 84 depends on an anterior inquiry under Division 4 producing a report under s 82. Because no such inquiry had occurred in relation to the applicant's convictions, the Court had no jurisdiction to entertain the application to quash them.

Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Application Under S 84(1) of the Crimes (appeal and Review) Act 2001 to Quash Convictions Following an Unconditional Pardon / Threshold Jurisdictional Determination in the Court of Criminal Appeal
Outcome
The application was dismissed for want of jurisdiction.
Legal Topics
['quashing Convictions Following Pardon' 'prerogative of Mercy' 'free Pardon' 'review of Convictions' 'jurisdiction of the Court of Criminal Appeal' 'part 7 of the Crimes (appeal and Review) Act 2001']
['criminal Law' 'criminal Procedure' 'statutory Interpretation'] ['quashing Convictions Following Pardon' 'prerogative of Mercy' 'free Pardon' 'review of Convictions' 'jurisdiction of the Court of Criminal Appeal' 'part 7 of the Crimes (appeal and Review) Act 2001']

Case Brief

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Procedural Posture

Application Under S 84(1) of the Crimes (appeal and Review) Act 2001 to Quash Convictions Following an Unconditional Pardon / Threshold Jurisdictional Determination in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether a person who has received a free pardon, but was not the subject of an inquiry under Division 4 of Part 7 of the Crimes (Appeal and Review) Act 2001, may apply to the Court of Criminal Appeal under s 84 to quash the conviction.' 'Whether s 84 of the Crimes (Appeal and Review) Act 2001 confers jurisdiction independently of an inquiry and report under s 82.']

Ratio Decidendi

The Court held that s 84 of the Crimes (Appeal and Review) Act 2001 could not be invoked merely because a free pardon had been granted. Read with s 85, s 82 and the structure and history of Part 7, an application under s 84 depends on an anterior inquiry under Division 4 producing a report under s 82. Because no such inquiry had occurred in relation to the applicant's convictions, the Court had no jurisdiction to entertain the application to quash them.

Court Disposition

The application was dismissed for want of jurisdiction.

Orders

  • ['The Application be dismissed.']