R v Cheney [2004] NSWSC 104

New South Wales Supreme Court

CITATION : R v Cheney [2004] NSWSC 104 HEARING DATE(S) : N/A JUDGMENT DATE : 10 March 2004

JUDGMENT OF : Shaw J at 1 DECISION : Petition Dismissed

CATCHWORDS : Application pursuant to s474D of the Crimes Act 1900 (NSW) - Inquiry into conviction - Fresh evidence - DNA evidence LEGISLATION CITED : Crimes Act 1900 (NSW), s474D Criminal Appeal Act 1912 (NSW) Application by Robert Scott Havell, Buddin J, 9 December 2003 Cheney v The Queen S286/2000 (14 December 2001) Douglas Harry Rendell (1987) 32 A Crim R 243 CASES CITED : R v Button [2001] QCA 133 R v Cheney [1999] NSWCCA 312 R v Garry Andrew Bayliss [2001] NSWSC 732; 124 A Crim R 362 R v Sing (2001) 545 NSWLR 31 Varley v Attorney-General [1978] 8 NSWLR 30 PARTIES : Regina (Respondent) Roger David Cheney (Applicant) FILE NUMBER(S) : SC 70047/2003 COUNSEL : N/A SOLICITORS : Applicant - Self Represented Respondent - Crown Solicitor's Office

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

Shaw J 10 March 2004

70047 of 2003

Regina

v

Roger David Cheney: Application Pursuant to 474D of the Crimes Act

JUDGMENT 1 Shaw J: Mr Roger David Cheney, who is incarcerated at Goulburn, has brought a petition to this Court which requires a judge to consider the terms of s 474D of the Crimes Act 1900 (NSW) and to exercise a discretion pursuant to that section. The applicant seeks an inquiry in relation to his conviction before his Honour Judge Kirkham and a jury on 8 June 1995 at the Coffs Harbour District Court. 2 An appellate review before the New South Wales Court of Criminal Appeal led to variation of the sentence on a number of counts although the appeal against conviction was dismissed by judgment of that Court delivered on 7 October 1999: R v Cheney [1999] NSWCCA 312 per Newman J, with whom Spigelman CJ and Sully J agreed. There was then an unsuccessful application for special leave to appeal to the High Court from parts of the judgment of the Court of Criminal Appeal: Cheney v The Queen S286/2000 (14 December 2001) per Gleeson CJ and Callinan J.