Further application of Petronella Boege pursuant to s 78 of the Crimes (Appeal and Review) Act 2001

Case

[2015] NSWSC 1925

15 December 2015


Details
AGLC Case Decision Date
Further application of Petronella Boege pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 1925 [2015] NSWSC 1925 15 December 2015

CaseChat Overview and Summary

Petronella Boege sought leave to appeal a decision to dismiss her application for leave to appeal against a conviction for drug importation. The application was made under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). This was Boege's second application under this section. The court had to decide if there was a doubt or question as to her guilt, or as to any mitigating circumstances in the case, or as to any part of the evidence in the case. These questions were framed under section 133 of the Justices Act 1902 (NSW).

The court considered whether there was any doubt as to Boege's guilt, or as to any mitigating circumstances in the case, or as to any part of the evidence in the case. The court noted that the original application for leave to appeal had been dismissed because there was no reasonable prospect that an appeal would succeed. The court also noted that there were no new grounds of appeal put forward by Boege. The court concluded that there was no doubt as to Boege's guilt, or as to any mitigating circumstances in the case, or as to any part of the evidence in the case. The court found that there was no reasonable prospect that an appeal would succeed. The application for leave to appeal was dismissed.

The court dismissed Boege's application for leave to appeal.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Limitation Periods

  • Res Judicata