NSW Wrongful Imprisonment: Can a Served sentence be Overturned?

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dangargoyle

Well-Known Member
17 November 2020
17
0
71
I just have two general questions, both related to my personal experience with the System in NSW.

Question 1:
In a case where someone was sent to jail and has served their sentence, but has with them some evidence that was not considered during their trial, is there any channel or a way to obtain a retrial in NSW and have the original sentence quashed or overturned? To be more specific, I have a case where I was sent to jail for a very minor common assault that involved simply shaking someones hand and touching someone on the shoulder. I was sentenced to 18 months jail. However, there are vital elements of my case that were not considered including my mental health conditions (Schizophrenia, Psychosis, Depression and Anxiety) and my explanation as to what transpired (I was drunk and delusional and at that time believed the people I was interacting with were related to me). I was not offered any chance whatsoever to explain why I greeted and touched the other person on the shoulder. Do I have any chance at all at having my case reconsidered and having it overturned? I am not looking for any compensation, just a fair retrial and proper consideration of facts.

Question 2: In a case where someone knowingly provides false information and has you arrested and imprisoned, and the Police do not charge them for providing false information, is there any channel that one can use to ensure that this person is charged?


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