Application by Alarn Scott McCormick pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)

Alarn Scott McCormick applied to the Court of Appeal pursuant to section 78 of the Crimes (Appeal and Review) Act 2001 (NSW), challenging his conviction by a jury for one offence under section 61I of the Crimes Act 1900 (NSW) and two offences under section 319 of the same Act. McCormick contended that there was a doubt or question regarding his guilt for any of the three offences, a mitigating circumstance, or any part of the evidence presented. The application was heard in the Court of Criminal Appeal in New South Wales.

The primary legal issue before the court was whether McCormick had demonstrated sufficient grounds to warrant a review of his conviction. Under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW), McCormick needed to establish that there was a doubt or question regarding his guilt, any mitigating circumstance, or any part of the evidence. The court had to assess the strength of McCormick's arguments and evidence presented to determine if they met the threshold required for a review.

The Court of Criminal Appeal found that McCormick had not demonstrated a sufficient doubt or question regarding his guilt, any mitigating circumstance, or any part of the evidence. The court concluded that there was no question of principle involved in the application and therefore dismissed the application. The reasoning of the court indicated that McCormick's arguments did not meet the statutory criteria necessary for a review under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). Consequently, the application was refused, and McCormick's convictions were upheld.