Clark v Attorney General for New South Wales

[2022] NSWCA 231

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and review
3. › Judicial review of decision under Crimes (Appeal and Review) Act 2001 (NSW)
4. › Application for inquiry into conviction
5. › Whether decision to dismiss application involved jurisdictional error or error of law on face of record
6. › Whether fresh evidence raised doubt as to guilt
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79(1)-(4)
1. Criminal Law
2. › Appeal and review
3. › Issue estoppel
4. › Whether statement in sentencing appeal binding on later courts
5. › Whether issue estoppel applies in criminal proceedings
6. › Crimes (Appeal and Review) Act 2001 (NSW), s 79
1. Administrative Law
2. › Judicial review
3. › Unreasonableness as jurisdictional error
4. › Standard of review of administrative decision under s 79 of Crimes (Appeal and Review) Act 2001 (NSW)
5. › Whether decision so unreasonable that no reasonable decision-maker could have reached it

Quick Take

Observations made in sentencing appeals about factual matters not necessary to the sentencing determination do not create binding rulings, and fresh evidence which merely confirms what was already advanced on earlier occasions is unlikely to establish jurisdictional error in judicial review of decisions under s 79 of the Crimes (Appeal and Review) Act 2001 (NSW).