Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001
Case
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[2018] NSWSC 928
•11 July 2018
Details
AGLC
Case
Decision Date
Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001 [2018] NSWSC 928
[2018] NSWSC 928
11 July 2018
CaseChat Overview and Summary
The case involves Armand-Iskak, who applied to the Court of Appeal pursuant to section 78 of the Crimes (Appeal and Review) Act 2001. The applicant was convicted of attempting to choke with intent to commit an indictable offence, specifically indecent assault. Armand-Iskak sought leave to appeal his conviction from the Court of Criminal Appeal, but the application was refused. The applicant has now applied to the court to review his conviction, citing doubts or questions regarding the conviction.
The legal issue before the court was whether there was a doubt or question concerning the applicant's conviction that warranted a review under section 78 of the Act. The court had to determine if Armand-Iskak had presented any new factors or arguments that had not been considered by the Court of Criminal Appeal when it refused the leave to appeal.
The court found that the grounds Armand-Iskak relied upon in support of the present application had already been determined by the Court of Criminal Appeal. The applicant did not point to any further factors bearing upon those grounds. Consequently, the court dismissed the application, holding that there was no basis for a review of the conviction under section 78 of the Act.
No further orders were made by the court in this matter.
The legal issue before the court was whether there was a doubt or question concerning the applicant's conviction that warranted a review under section 78 of the Act. The court had to determine if Armand-Iskak had presented any new factors or arguments that had not been considered by the Court of Criminal Appeal when it refused the leave to appeal.
The court found that the grounds Armand-Iskak relied upon in support of the present application had already been determined by the Court of Criminal Appeal. The applicant did not point to any further factors bearing upon those grounds. Consequently, the court dismissed the application, holding that there was no basis for a review of the conviction under section 78 of the Act.
No further orders were made by the court in this matter.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Criminal Liability
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Citations
Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001 [2018] NSWSC 928
Most Recent Citation
Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2020] NSWSC 1048
Cases Citing This Decision
6
Armand-Iskak v Attorney-General of New South Wales
[2019] NSWCA 145
Cases Cited
17
Statutory Material Cited
2
Armand-Iskak v The Queen
[2014] NSWCCA 325
Sinkovich v Attorney General of New South Wales
[2013] NSWCA 383
Buttrose v Attorney General of New South Wales
[2015] NSWCA 221