Part 13A of the Crimes Act 1900 (NSW) applies to summary convictions and is not limited to convictions on indictment. Section 474L effectively bypasses the s 5(1) limitation in the Criminal Appeal Act 1912 by deeming the convicted person to have appealed. Where dual remedies exist (Part 13A and Part 4A of the Justices Act), the discretion under ss 474C(3) and 474E(3) may be exercised to direct applicants to the more appropriate mechanism. Established police impropriety creating cause for suspicion of further improprieties may be sufficient to render convictions on guilty pleas a miscarriage of justice, even where the applicant's credibility is limited.
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