Application by Thomas Hudson Wilson pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1792

Application by Thomas Hudson Wilson pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1792

All issues raised by Mr Wilson regarding photo and photographic identification evidence were fully ventilated at trial and on appeal. No special facts or circumstances have been established that would justify further inquiry or create a relevant sense of unease or disquiet about the conviction in accordance with the statutory test under s 79(1)-(2) Crimes (Appeal and Review) Act 2001 (NSW).

Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Application for Inquiry Into Conviction / Dismissal of Application
Outcome
Application dismissed.
Legal Topics
['application for Post Conviction Inquiry' 'identification Evidence' 'photo Evidence' 'circumstantial Evidence' 'crimes (appeal and Review) Act Procedures']
['criminal Law'] ['application for Post Conviction Inquiry' 'identification Evidence' 'photo Evidence' 'circumstantial Evidence' 'crimes (appeal and Review) Act Procedures']

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Procedural Posture

Application for Inquiry Into Conviction / Dismissal of Application

Legal Issues

  1. 1 ['Whether photo identification and photographic evidence raised doubt as to guilt sufficient to justify an inquiry under s 78 Crimes (Appeal and Review) Act 2001 (NSW)' 'Whether special facts or circumstances justify ordering an inquiry' 'Whether identification evidence was properly admitted at trial']

Ratio Decidendi

All issues raised by Mr Wilson regarding photo and photographic identification evidence were fully ventilated at trial and on appeal. No special facts or circumstances have been established that would justify further inquiry or create a relevant sense of unease or disquiet about the conviction in accordance with the statutory test under s 79(1)-(2) Crimes (Appeal and Review) Act 2001 (NSW).

Court Disposition

Application dismissed.

Orders

  • ['Application for inquiry into conviction is dismissed.']