A habeas corpus application cannot succeed as a collateral attack on criminal convictions where the sentence order of a superior court remains extant and unset aside; the proper mechanism is through the appellate process. A judge may deal with a habeas corpus application in the absence of the Crown where the applicant fails to demonstrate any basis for the writ. Fresh habeas corpus applications should be brought before the duty judge of the Common Law Division, not raised incidentally in appellate proceedings.
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