An application under s 84 of the Crimes (Appeal and Review) Act 2001 (NSW) to quash a conviction following a free pardon can only be made where an inquiry under Division 4 of Part 7 has been conducted and reported on. A person who has received a free pardon without a prior inquiry must pursue alternative statutory pathways (ss 77(1)(b), 79(1)(b)) or seek an inquiry under Division 4 before applying to the Court of Criminal Appeal to quash the conviction.
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