GAR v Attorney General for NSW (No. 3)

[2020] NSWCA 179

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Jurisdictional error
3. › Judicial review of administrative decision
4. › Refusal to consider application for inquiry into conviction
5. › Whether legally unreasonable
6. › Whether constructive failure to exercise jurisdiction
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79
1. Administrative Law
2. › Discretionary power
3. › Nature and scope of discretion
4. › Almost absolute statutory discretion
5. › Whether exercise conditional upon satisfaction of specified matters
6. › Whether matters in s 79(3)(a) and (b) are mandatory relevant considerations
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 79(3)
1. Criminal Law
2. › Post-conviction review
3. › Application for inquiry into conviction
4. › Fresh evidence
5. › Whether new material previously considered
6. › Whether special facts or circumstances justifying further action
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79

Quick Take

Practitioners seeking post-conviction review under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) should note that the discretion under s 79(3) to refuse to consider an application is broad and not conditional upon the specific matters in paragraphs (a) and (b), even where the judge purports to act under s 79(3)(a).