Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW); (No 3) [2021] NSWSC 263

Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW); (No 3) [2021] NSWSC 263

Ms Luna's evidence about the height of the person or object seen through the frosted glass was of negligible weight and significance and did not require a reasonable jury to have a reasonable doubt as to the applicant's guilt. The question of guilt, including the aspects of Ms Luna's evidence now relied on, had been fully dealt with at trial, on appeal, and in the previous s 78 application determined by McCallum J, and there were no special facts or special circumstances justifying further action under s 79(3)(b).

Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) for an Inquiry Into Convictions for Murder / Determination on the Papers of the Applicant's Third Part 7 Application
Outcome
The Court refused to consider or otherwise deal with the application.
Legal Topics
['post Conviction Inquiry' 'murder Convictions' 'reasonable Doubt' 'section 78 Application' 'section 79 Refusal' 'special Facts or Special Circumstances']
['criminal Law' 'criminal Procedure'] ['post Conviction Inquiry' 'murder Convictions' 'reasonable Doubt' 'section 78 Application' 'section 79 Refusal' 'special Facts or Special Circumstances']

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Procedural Posture

Application Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) for an Inquiry Into Convictions for Murder / Determination on the Papers of the Applicant's Third Part 7 Application

Legal Issues

  1. 1 ["Whether Ms Emily Luna's evidence gave rise to a reasonable doubt concerning the applicant's guilt such that the jury should have acquitted him." 'Whether the matter had been fully dealt with in the trial, appeal, or previous Part 7 applications.' 'Whether there were special facts or special circumstances justifying further action under s 79(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).']

Ratio Decidendi

Ms Luna's evidence about the height of the person or object seen through the frosted glass was of negligible weight and significance and did not require a reasonable jury to have a reasonable doubt as to the applicant's guilt. The question of guilt, including the aspects of Ms Luna's evidence now relied on, had been fully dealt with at trial, on appeal, and in the previous s 78 application determined by McCallum J, and there were no special facts or special circumstances justifying further action under s 79(3)(b).

Court Disposition

The Court refused to consider or otherwise deal with the application.

Orders

  • ['The Court refuses to consider or otherwise deal with the application of Sef Gonzales filed on 18 November 2019.']