Application of Armand-Iskak pursuant to s 78 Crime (Appeal and Review) Act 2001

Case

[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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Criminal Liability