REGINA v. SUEY [2001] NSWSC 543

New South Wales Supreme Court

CITATION : REGINA v. SUEY [2001] NSWSC 543 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC No. 70048 of 2001 HEARING DATE(S) : 7.6.01; 14.6.01; 18.6.01; 19.6.01; 20.6.01; 28.6.01 JUDGMENT DATE : 28 June 2001

PARTIES : REGINA v. SUEY, Ronald James JUDGMENT OF : Greg James J at 1

COUNSEL : Crown: R.A. Hulme App: M.D. Farrar SOLICITORS : Crown: State Crown Solicitor App: Solaris CATCHWORDS : Application for enquiry subsequent to conviction - whether doubt or question as to guilt - 'sense of unease or disquiet' as to convictions - appeal to CCA against convictions on grounds of fresh evidence and convictions unable to be supported by the evidence or unreasonable - matters of fact on appeal remitted by CCA to a single judge of court of trial - necessity to determine issues - whether enquiry subsequent to conviction should be deferred until after appeal determined - applicant elects to abandon any ground of appeal covered by enquiry - enquiry directed. LEGISLATION CITED : Crimes Act 1900 The application of Bernard Lewis Moore [2000] NSWSC 364 The application of Raymond Grant Pedrana [2000] NSWSC 975 Pedrana [2001] NSWCCA 266 CASES CITED : Johns [1999] NSWCCA 206 Varley v. Attorney General (1986) NSWLR 30 The application of Harry Rendell (1987) 32 A. Crim. R. 243 Canellis v. Slattery (1994) 33 NSWLR 104 DECISION : I direct that an Enquiry be conducted by a prescribed person in accordance with s.474E(1)(a) of the Crimes Act 1900.