Makarov v Attorney General of New South Wales

[2016] NSWCA 35

NSW Court of Appeal

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Catchwords

1. ADMINISTRATIVE LAW — judicial review — application under s 78 Crimes (Appeal and Review) Act 2001 (NSW) for inquiry into applicant’s convictions — Supreme Court Act 1970 (NSW), s 69 — declaration sought that trial judge made error of law in finding that no sense of unease or disquiet arises in respect of applicant’s convictions — whether trial judge erred by not applying the appropriate test for an application under s 78 Crimes (Appeal and Review) Act 2001 (NSW) — no error of law found — application dismissed

Quick Take

A judge considering an application under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) does not impose an impermissible precondition on the statutory test merely by framing conclusions in terms that reflect the basis on which the application was argued. Complaints about the weight attributed to evidence by the primary judge do not constitute errors of law amenable to judicial review under s 69 of the Supreme Court Act 1970 (NSW). Credibility findings made by a trial judge in one proceeding have no bearing on the credibility of witnesses in other proceedings.