Application by Roger Cheney pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (No 3)

In the matter of Roger Cheney, an application was lodged with the court pursuant to section 78 of the Crimes (Appeal and Review) Act 2001. The applicant sought an inquiry into his conviction and sentence following his conviction for a criminal offence. The application was heard in the Court of Appeal, where the judges were required to determine whether the application should be granted or refused. The dispute centred on the applicant's contention that there were grounds warranting a review of his conviction and sentence under Part 7 of the Crimes (Appeal and Review) Act 2001.

The court needed to consider the relevant legal issues, including whether the application met the criteria for an inquiry under section 78 of the Act, and whether there were sufficient grounds to warrant a review of the conviction and sentence. The court examined the evidence and submissions provided by the applicant and considered the applicable legal principles and precedents. The court also assessed whether the applicant had raised a substantial question of law or fact that warranted a review of the conviction and sentence.

After carefully considering the evidence and submissions, the court found that the application did not meet the criteria for an inquiry under section 78 of the Crimes (Appeal and Review) Act 2001. The court held that the applicant had not raised a substantial question of law or fact that warranted a review of the conviction and sentence. Consequently, the application was refused. The court's decision was based on a thorough examination of the evidence and applicable legal principles and precedents.