Application by Paul Mulvihill pursuant to Part 7 Crimes (Appeal and Review) Act 2001 (NSW)

[2026] NSWSC 12

Supreme Court of NSW

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Catchwords

1. Criminal Law
2. › Post-conviction review
3. › Application for inquiry into conviction
4. › Procedural irregularity at trial
5. › Non-compliance with spousal compellability provisions
6. › Whether doubt or question as to guilt
7. › Whether remaining evidence sufficient to establish guilt beyond reasonable doubt
8. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79
9. › Evidence Act 1995 (NSW), s 18

Quick Take

Non-compliance with s 18 of the Evidence Act 1995 (NSW) regarding spousal compellability is a procedural irregularity, but will not ground an inquiry under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) where the remaining evidence overwhelmingly establishes guilt beyond reasonable doubt.

Case Details

Citation[2026] NSWSC 12

CourtNSWSC

JurisdictionNew South Wales

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Relies on3

2016Mulvihill v RNSWCCA 259
2013Sinkovich v Attorney General of New South WalesNSWCA 383
2003Eastman v Director of Public Prosecutions (ACT)HCA 28

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