re the conviction of Frederick Lincoln McDermott

In the case of re the conviction of Frederick Lincoln McDermott, the appellant had been convicted of murder in 1947 and subsequently released following a Royal Commission. After the appellant's death, his executor sought a review of his conviction under the Crimes (Appeal and Review) Act 2001. The central issue for the court was whether it had jurisdiction to hear the matter post the appellant's death and whether the appellant's conviction constituted a miscarriage of justice.

The court considered whether the provisions of the Crimes (Appeal and Review) Act 2001 permitted the review of a conviction following the death of the appellant. The court also examined the evidence and circumstances surrounding the original conviction to determine if it was indeed a miscarriage of justice. In addressing these issues, the court noted that the Act does not explicitly exclude posthumous applications for review. Furthermore, the court found that there were substantial grounds to believe that the conviction was a miscarriage of justice, based on the new evidence and arguments presented.

The court ruled that it had jurisdiction to review the conviction under the Crimes (Appeal and Review) Act 2001, despite the appellant's death. It also concluded that the appellant's conviction was a miscarriage of justice, warranting a review. The court quashed the conviction, thereby clearing the appellant's name posthumously.