Allan - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2017] NSWSC 655

Allan - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2017] NSWSC 655

The fresh evidence (000 call recording) and arrest photograph do not give rise to any doubt or question as to Mr Allan's guilt in respect of the offences for which he was convicted; the credibility of the prosecution witnesses is not undermined and previous courts have considered all relevant issues.

Jurisdiction
Australia
Judgment Date
25 May 2017
Procedural Posture
Application for Inquiry Into Conviction and Sentence / Judgment on Application Pursuant to S 78 Crimes (appeal & Review) Act 2001 (nsw)
Outcome
Application refused
Legal Topics
['inquiry Into Conviction and Sentence' 'application Pursuant to Part 7 of the Crimes (appeal and Review) Act 2001' 'fresh Evidence' 'credibility of Witnesses']
['criminal Law'] ['inquiry Into Conviction and Sentence' 'application Pursuant to Part 7 of the Crimes (appeal and Review) Act 2001' 'fresh Evidence' 'credibility of Witnesses']

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Procedural Posture

Application for Inquiry Into Conviction and Sentence / Judgment on Application Pursuant to S 78 Crimes (appeal & Review) Act 2001 (nsw)

Legal Issues

  1. 1 ["Whether fresh evidence creates doubt or question as to applicant's guilt" 'Whether discrepancies in witness evidence justify further inquiry']

Ratio Decidendi

The fresh evidence (000 call recording) and arrest photograph do not give rise to any doubt or question as to Mr Allan's guilt in respect of the offences for which he was convicted; the credibility of the prosecution witnesses is not undermined and previous courts have considered all relevant issues.

Court Disposition

Application refused

Orders

  • ['The application for inquiry into conviction and sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 is refused.']