Application by Lucy Patricia Klewer pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)1

In this matter, Lucy Patricia Klewer sought an inquiry into her conviction under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). Klewer, who has a history of vexatious litigation, was challenging her conviction before the Supreme Court of New South Wales. The primary concern was whether her application for an inquiry into her conviction constituted a "proceeding" under the Vexatious Proceedings Act 2008 (NSW), and if such an application required leave. The court had to determine whether this application fell within the definition of a "criminal proceeding" and if it necessitated leave under the relevant act.

The court held that an application under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW) did not constitute a "proceeding" as defined by the Vexatious Proceedings Act 2008 (NSW). The determination hinged on the interpretation of "proceeding" and whether it included applications seeking an inquiry into a conviction. The court found that since Klewer's application did not raise any doubt or question about her guilt, it did not qualify as a "criminal proceeding." Consequently, leave was not required for this application. The court concluded that Klewer's application was not vexatious and dismissed her request for an inquiry into her conviction.

The court's decision emphasised the importance of correctly identifying the nature of the application and its implications under the Vexatious Proceedings Act 2008 (NSW). The ruling clarified that not all applications related to criminal convictions necessitate leave, provided they do not question the guilt of the applicant. As a result, Lucy Patricia Klewer's application was refused.