TDP v Attorney General of New South Wales

The case of TDP versus the Attorney General of New South Wales involves an application by the applicant, who was convicted of eleven counts of child sexual assault against his stepdaughter. The application was made under part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) for an inquiry into his conviction. The applicant had previously appealed to the Court of Criminal Appeal against his conviction, which was dismissed, and also made an application under section 78 of the Act, which was also dismissed. This current application was considered on its merits.

The legal issues that the court had to decide were whether the grounds of appeal raised a "doubt or question" and whether the evidence tendered for the applicant in the proceedings on sentence was powerfully probative of his guilt. The court had to determine whether these factors warranted an inquiry into the conviction under the Act. The court examined the evidence presented and considered whether it raised a significant doubt about the applicant's guilt, which would necessitate further inquiry.

The court found that the grounds of appeal did not raise a "doubt or question" as required by the Act. The powerfully probative evidence of guilt presented for the applicant in the proceedings on sentence further supported the conviction. The court was satisfied that the evidence did not undermine the conviction and did not warrant an inquiry into the conviction under part 7 of the Act. The application was dismissed.

The final orders of the court were that the application be dismissed and that there be no order as to costs. The court found that the evidence presented did not warrant an inquiry into the conviction and that the applicant's appeal against conviction had been properly dismissed. The court also found that there were no grounds for an order as to costs.