Allan - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2012] NSWSC 1596

Allan - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2012] NSWSC 1596

None of the six grounds raised any doubt or question as to Mr Allan's guilt. The alleged fresh evidence did not undermine Ms Montabello's credibility, the hair-colour material raised nothing significant, the findings on intent were open, the significance of the triple 0 call recording was speculative and no unfairness was shown, and the credibility and unreasonable-verdict complaints did not cast doubt on the conclusions reached in the Local Court and District Court. The Court therefore declined to direct an inquiry or refer the case to the Court of Criminal Appeal.

Jurisdiction
Australia
Judgment Date
12 November 2012
Procedural Posture
Application for Inquiry Into Convictions Pursuant to Part 7 of the Crimes (appeal and Review) Act 2001 / Supreme Court Application on the Papers After Local Court Convictions and Dismissal of District Court Conviction Appeal
Outcome
Application refused
Legal Topics
['application for Inquiry Into Conviction and Sentence' "credibility of Complainants' Evidence" 'fresh Evidence' 'alleged Prosecution Failure to Provide Evidence' 'unreasonable Verdict' 'no Doubt or Question as to Guilt']
['criminal Law' 'criminal Procedure'] ['application for Inquiry Into Conviction and Sentence' "credibility of Complainants' Evidence" 'fresh Evidence' 'alleged Prosecution Failure to Provide Evidence' 'unreasonable Verdict' 'no Doubt or Question as to Guilt']

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Procedural Posture

Application for Inquiry Into Convictions Pursuant to Part 7 of the Crimes (appeal and Review) Act 2001 / Supreme Court Application on the Papers After Local Court Convictions and Dismissal of District Court Conviction Appeal

Legal Issues

  1. 1 ["Whether fresh evidence concerning vehicle ownership and parking permits undermined the credibility of Ms Montabello's evidence that she had previously seen Mr Allan in a car." 'Whether evidence and scientific material about hair colour and lighting raised a doubt about identification.' 'Whether the courts wrongly inferred criminal intention from possession of a Swiss Army knife and moderate intoxication.' 'Whether nondisclosure of a recording of the triple 0 call caused unfairness or a substantial miscarriage of justice.' "Whether findings accepting the complainants' credibility were unsupported by the evidence." 'Whether the verdicts were unreasonable or unsupported having regard to the evidence.']

Ratio Decidendi

None of the six grounds raised any doubt or question as to Mr Allan's guilt. The alleged fresh evidence did not undermine Ms Montabello's credibility, the hair-colour material raised nothing significant, the findings on intent were open, the significance of the triple 0 call recording was speculative and no unfairness was shown, and the credibility and unreasonable-verdict complaints did not cast doubt on the conclusions reached in the Local Court and District Court. The Court therefore declined to direct an inquiry or refer the case to the Court of Criminal Appeal.

Court Disposition

Application refused

Orders

  • ['The application is refused.' 'The Court declined to direct an inquiry be conducted or refer the case to the Court of Criminal Appeal.']