Application by Shelden Vaughan pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2024] NSWSC 553

Application by Shelden Vaughan pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) (No 2) [2024] NSWSC 553

The application was refused because Mr Vaughan's contentions had previously been dealt with by N Adams J, no special facts or special circumstances justified further action, and the allegations of fraud, conspiracy and corruption of psychiatric evidence were unsupported and did not give rise to the necessary doubt or question under s 79.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Application Under S 78(1) of the Crimes (appeal and Review) Act 2001 (nsw) Seeking an Inquiry Into Sentence Pursuant to S 79 / Second Application, Determined on the Papers
Outcome
There are no special facts or special circumstances that justify the taking of further action and further action is declined.
Legal Topics
['inquiry Into Sentence' 'crimes (appeal and Review) Act 2001 (nsw) Ss 78 and 79' 'domestic Violence Offending' 'mental Health Evidence on Sentence' 'special Facts or Special Circumstances']
['criminal Law' 'criminal Procedure' 'sentencing'] ['inquiry Into Sentence' 'crimes (appeal and Review) Act 2001 (nsw) Ss 78 and 79' 'domestic Violence Offending' 'mental Health Evidence on Sentence' 'special Facts or Special Circumstances']

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Procedural Posture

Application Under S 78(1) of the Crimes (appeal and Review) Act 2001 (nsw) Seeking an Inquiry Into Sentence Pursuant to S 79 / Second Application, Determined on the Papers

Legal Issues

  1. 1 ['Whether there is a doubt or question as to any mitigating circumstances in the case or any part of the evidence in the case sufficient to permit action under s 79(1) of the Crimes (Appeal and Review) Act 2001 (NSW).' "Whether the applicant's complaints had previously been dealt with in the earlier s 78 application or prior proceedings." 'Whether there are special facts or special circumstances that justify the taking of further action.' "Whether the applicant's complaints about alleged fraud, conspiracy, fabricated evidence, psychiatric evidence, legal representation and the sentencing judge warranted an inquiry or referral to the Court of Criminal Appeal."]

Ratio Decidendi

The application was refused because Mr Vaughan's contentions had previously been dealt with by N Adams J, no special facts or special circumstances justified further action, and the allegations of fraud, conspiracy and corruption of psychiatric evidence were unsupported and did not give rise to the necessary doubt or question under s 79.

Court Disposition

There are no special facts or special circumstances that justify the taking of further action and further action is declined.

Orders

  • ['Further action is declined.']