Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 1)

In the Federal Circuit and Family Court of Australia, the matter of Roger Cheney's application under section 78 of the Crimes (Appeal and Review) Act 2001 (No 1) was heard. Cheney, who had previously been convicted of sexual assault and kidnapping, was seeking a review of his conviction. This was his third application for such a review, and it followed two earlier appeals that had been dismissed by the Court of Appeal. Cheney, who was unrepresented, alleged that the evidence against him had been fabricated and that there had been significant delays in the provision of material and submissions during his earlier legal proceedings.

The court was tasked with determining whether the application presented any new or substantially different grounds for review compared to Cheney's previous appeals. Additionally, the court had to assess whether the allegations of fabrication of evidence and the procedural delays warranted a reconsideration of the conviction. The court also needed to consider the impact of Cheney's unrepresented status on the fairness and thoroughness of the application.

The court found that the current application was substantially similar to the grounds raised in Cheney's previous appeals, which had already been considered and dismissed by the Court of Appeal. The court noted that Cheney had not provided any new evidence or arguments that would justify a further review. Furthermore, the court was satisfied that the evidence had not been fabricated and that any delays in the proceedings did not prejudice Cheney's case. The unrepresented status of Cheney did not affect the court's determination, as it found that he had been afforded ample opportunity to present his case. As a result, the court dismissed the application.

No further orders were made by the court.