NSW Caselaw
New South Wales Supreme Court
CITATION : Appn of Robert Joseph DUNN [2005] NSWSC 857
JUDGMENT DATE : 30 August 2005
Common Law Division JURISDICTION : Criminal List
JUDGMENT OF : Kirby J
DECISION : Application for an Inquiry under s474D of Crimes Act 1900 declined.
CATCHWORDS : Criminal Practice & Procedure - application pursuant to s474D of the Crimes Act 1900 - test to be applied - history of appeals - relevance to issues raised in application - no unease in respect of convictions following pleas of guilty.
Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Criminal Procedure Act 1986
R v Dunn [2004] NSWCCA 346 Varley v The Attorney General (1987) 8 NSWLR 30 Appl of Benito Esposito (SC, unreported, 14.7.88) CASES CITED : R v Dunn (unreported, 3.9.90) R v Dunn [2000] NSWCCA 171 R v Birks (1990) 19 NSWLR 677
Regina PARTIES : Robert Joseph Dunn
FILE NUMBER(S) : SC 70088/03
W Abadee - Crown Solicitor (Resp) SOLICITORS : R J Dunn (Appl)
LOWER COURT JURISDICTION : District Court
LOWER COURT JUDICIAL OFFICER : Finnane DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
JUSTICE DAVID KIRBY
Tuesday 30 August 2005
70088/03 - APPLICATION PURSUANT TO s474D OF THE CRIMES ACT 1900 BY ROBERT JOSEPH DUNN
JUDGMENT 1 KIRBY J: On 26 June 2001, Robert Joseph Dunn was arraigned before Finnane DCJ in the District Court on an indictment containing twenty-seven counts. He pleaded guilty to all counts. On 7 December 2001 he was sentenced. The sentences were later adjusted to correct errors. So corrected, Mr Dunn was sentenced to a term of imprisonment of 30 years (commencing on 10 November 1997 and ending on 9 November 2027), with a non parole period of 22-1/2 years (expiring on 9 May 2020). 2 Mr Dunn thereafter appealed to the Court of Criminal Appeal against his conviction. He also sought leave to appeal against sentence. At the same time he made an application to the Supreme Court for an Inquiry under s474D of the Crimes Act 1900, identifying seven grounds said to justify such an Inquiry.
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