Clark v Attorney General of New South Wales

The respondents, Clark and another, appealed against the decision of the Court of Criminal Appeal of New South Wales which dismissed their application for an enquiry under Part 7 of the Crimes (Appeal and Review) Act 2001. The respondents were convicted of various sexual offences and perverting the course of justice. They had been acquitted on five charges. The Court of Criminal Appeal had already dismissed their application for leave to appeal against their convictions on the remaining counts, and the Governor had refused an application under section 79(3) of the Act. The respondents sought an enquiry into their convictions and sentences under section 78 of the Act.

The court was required to determine whether there were any special facts or circumstances which would prohibit it from refusing to deal with the application under section 79(3) of the Act, and if not, whether the court should exercise its discretion to refuse to deal with the application further. The court noted that the respondents had already been the subject of two appeals, and that the Governor had already declined to deal with their application. The court held that there were no special facts or circumstances which would prohibit it from refusing to deal with the application under section 79(3) of the Act. The court exercised its discretion to refuse to deal with the application further and dismissed the application for an enquiry.

The court's decision was based on the fact that the respondents had already been the subject of two appeals, and that the Governor had already declined to deal with their application. The court held that there were no special facts or circumstances which would prohibit it from refusing to deal with the application under section 79(3) of the Act. The court exercised its discretion to refuse to deal with the application further and dismissed the application for an enquiry. The court noted that the respondents had been convicted of serious sexual offences and perverting the course of justice, and that the Court of Criminal Appeal had already dismissed their application for leave to appeal against their convictions on the remaining counts. The court held that there were no special facts or circumstances which would prohibit it from refusing to deal with the application under section 79(3) of the Act, and that the court should exercise its discretion to refuse to deal with the application further. The court dismissed the application for an enquiry.