R v DOYLE [2000] NSWSC 512

New South Wales Supreme Court

CITATION : R v DOYLE [2000] NSWSC 512 FILE NUMBER(S) : SC 70063/98 HEARING DATE(S) : n/a JUDGMENT DATE : 9 June 2000

PARTIES : Regina Edward Emmett DOYLE JUDGMENT OF : Hulme J at 1

COUNSEL : SOLICITORS : Crown: Mr W Abadee Applicant: In person CATCHWORDS : Application under s474D of The Crimes Act DECISION : See paragraphs 68 and 69

- 34 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NO: 70063/98 Friday, 9 June 2000 HULME J APPLICATION OF Edward Emmett DOYLE APPLICATION FOR AN INQUIRY UNDER S474D OF THE CRIMES ACT

1��� HIS HONOUR: On 14 July 1998, Edward Emmett Doyle made application under Section 474D of the Crimes Act 1900 (NSW) seeking that this Court direct that an inquiry be conducted into "the facts pertaining to my conviction" at the Castlereagh Street Local Court on 7 February 1985. Mr Doyle sought also a number of other orders directed to limiting publicity.

2��� So far as is presently relevant, sections 474D and associated sections provide:- "474A (3) In this Part, a reference to a review of, or enquiry into, a conviction or sentence includes a reference to a review of, or enquiry into, any aspect of the proceedings giving rise to the conviction or sentence. 474D (1) An application for an inquiry into a conviction or sentence may be made to the Supreme Court by the convicted person… 474E (1) After considering an application under Section 474D or on its own motion: (a) The Supreme Court may direct that an inquiry be conducted by a prescribed person into the conviction or sentence, or (b) The Supreme Court may refer the whole case to the Court of Criminal Appeal, to be dealt with as an appeal under the Criminal Appeal Act, 1912.