William Wayne Moss v Luke McIlveen [2011] NSWCA 77

William Wayne Moss v Luke McIlveen [2011] NSWCA 77

The application for leave to bring a private prosecution for perjury was refused because the primary judge was correct to find that there was no reasonable prospect of conviction for perjury based on the evidence. There was no credible evidence of judicial bias, and the requirements of s 338 were not met.

Jurisdiction
Australia
Judgment Date
28 March 2011
Procedural Posture
Application for Leave to Appeal (civil) / Application for Leave to Appeal to Court of Appeal From Supreme Court Decision
Outcome
Application for leave dismissed with costs
Legal Topics
['appeal' 'perjury' 'leave to Prosecute' 'bias of Judge' 'abuse of Process']
['civil Law' 'criminal Law'] ['appeal' 'perjury' 'leave to Prosecute' 'bias of Judge' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal (civil) / Application for Leave to Appeal to Court of Appeal From Supreme Court Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under s 338 of the Crimes Act 1900 to bring a private prosecution for perjury against the respondent' 'Whether there was bias on the part of the primary judge or denial of procedural fairness' 'Whether the requirements for prosecution for perjury were met']

Ratio Decidendi

The application for leave to bring a private prosecution for perjury was refused because the primary judge was correct to find that there was no reasonable prospect of conviction for perjury based on the evidence. There was no credible evidence of judicial bias, and the requirements of s 338 were not met.

Court Disposition

Application for leave dismissed with costs

Orders

  • ['Application for leave is dismissed with costs']