Event and Time
Event Description
The case involves an application for inquiry into a conviction under Part 7 of the Crimes (Appeal and Review) Act 2001, based on new evidence surrounding a sexual offense (the Haymarket offence) allegedly committed by the applicant against the complainant in a bra shop fitting room between July and October 2014.
Application and Claims
- The applicant argues that new evidence casts doubt on the credibility of the complainant, primarily relating to her account of the applicant's outfit.
- The applicant requests a review of the conviction, asserting that the appeal seeks to introduce new evidence rather than rerun the original trial "on the papers".
Judicial Decisions
- The Supreme Court granted the application, deciding to refer the entire case to the Court of Criminal Appeal for further review under section 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The complainant's evidence regarding the applicant's outfit is contradictory. - New evidence exists that undermines the reliability of the complainant, suggesting errors in her testimony. - The applicant contends the new evidence does not constitute a mere attempt to "rerun the trial".
- Complainant's Arguments:
- The complainant maintained her account of the events during cross-examination, asserting credibility and details of the alleged assault that supported her version. - Her statements were detailed and consistent with portions of evidence, such as a provided photograph showing scratches on her back.
- Legal Reasoning:
- The Supreme Court must consider if the new evidence presents an actual doubt about guilt under the criteria set by section 79 of the Crimes (Appeal and Review) Act.