Gibson, Scott – Application under Part 7 Crimes (Appeal and Review) Act 2001 (No 2) [2026] NSWSC 776 — Appeal And Review & Domestic Violence — Barrister AI
Gibson, Scott – Application under Part 7 Crimes (Appeal and Review) Act 2001 (No 2)
› Application for inquiry into conviction under Part 7 Crimes (Appeal and Review) Act 2001
Criminal Law
› Appeal and Review
› Repeat application — s 79(3) discretion to refuse to consider
Criminal Law
› Domestic Violence
› Knowingly contravening ADVO — s 14(1) Crimes (Domestic and Personal Violence) Act 2007
Criminal Law
› Domestic Violence
› Mens rea — meaning of 'knowingly' — absence of malice irrelevant
Quick Take
1A repeat Part 7 application that rehearses the same grounds previously considered and rejected, without raising any new material or arguments of substance, will not give rise to a doubt or question as to guilt, mitigating circumstances, or evidence under s 79(2) of the Crimes (Appeal and Review) Act 2001.
2The fault element for an offence under s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 is 'knowingly' contravening a prohibition or restriction in an ADVO; absence of malice or hostile intent does not negate mens rea, and a mistake about the legal parameters of the restriction provides no defence.
3Where charges were withdrawn and no conviction was recorded, the court's jurisdiction under ss 78 and 79 of the Crimes (Appeal and Review) Act 2001 to inquire into a 'conviction' is not enlivened.
