R v Pollock [2005] NSWCCA 316

New South Wales Court of Criminal Appeal

CITATION: R v Pollock [2005] NSWCCA 316

HEARING DATE(S): 3 August 2005

JUDGMENT DATE: 22 September 2005

JUDGMENT OF: Simpson J at 1; Howie J at 83; Rothman J at 84

DECISION: Appeal dismissed

CATCHWORDS: murder conviction 1990 - application for review of conviction - Crimes Act 1901, Part 13A - whole case referred to Court of Criminal Appeal - to be dealt with as an appeal under Criminal Appeal Act 1912 - evidence of admission by appellant given by police officer in trial - denied by appellant - appellant alleged confessional evidence fabricated - appellant alleged participation in interview not voluntary - admissibility of confessional material - other uncontested evidence of admissions by appellant - fresh evidence - evidence given to the Royal Commission into the NSW Police Service - credibility of police witnesses at trial - police officer charged with refusing to submit to breath analysis, proved but dismissed - whether capable of affecting credibility of police officer at trial - police officer alleged to have taken part in assault - whether capable of affecting credibility - alleged inadequate or corrupt investigation of different murder - whether capable of affecting credibility - whether fresh evidence meets established tests - impact of Evidence Act 1995 on admission of evidence relevant only to credibility - no doubt or disquiet about conviction - appeal dismissed

Crimes Act 1900 s6, s474E(1)(b), s474L, s556A LEGISLATION CITED: Criminal Appeal Act 1912 s6 Evidence Act 1995 Part 3.7, s102, s103

Gallagher v The Queen [1986] HCA 26; 160 CLR 392 Mickelberg v The Queen [1989] HCA 35; 167 CLR 259 Nye v State of NSW & Ors [2003] NSWSC 1212 CASES CITED: R v Pearson NSWCCA, unreported, 5 March 1996 R v Pollitt [1992] HCA 35; 174 CLR 558 R v Robinson [1999] NSWCCA 186, unreported, 14 July 1999 R v Saleam (1989) 16 NSWLR 14