Recent Cases

Clark v Attorney General for New South Wales [2022] NSWCA 231 (11 November 2022) (Macfarlan, White and Mitchelmore JJA)


Catchwords:


CRIME — Appeal and review — judicial review — statement made in decision dismissing a sentencing appeal not binding where it concerned an issue that did not need to be decided to determine the sentence — issue estoppel as it applies in civil proceedings inapplicable in the criminal law

CRIME — Appeal and review — judicial review — judge did not misconstrue s 79(2) of the Crimes (Appeal and Review) Act 2001 (NSW) in suggesting that a new fact-finding process based on fresh evidence was not required — judge stated that the facts allegedly established were relied upon in previous proceedings and the relevant inquiry was whether the matters raised cause doubt as to guilt

CRIME — Appeal and review — judicial review — whether judge erred in summarily dismissing an application under s 79(3) of the Crimes (Appeal and Review) Act 2001 (NSW) — judge did not proceed on material misapprehensions of fact and law — allegedly fresh evidence confirmed what was advanced in previous proceedings and did not relate to an element of the relevant offence