NSW Caselaw
New South Wales Supreme Court
CITATION : Application of Paul Nardelli under Section 474D Crimes Act 1900 [2006] NSWSC 967
HEARING DATE(S) : On written submissions
JUDGMENT DATE : 21 September 2006
JUDGMENT OF : Johnson J at 1
DECISION : Application under s.474D Crimes Act 1900 is refused.
CATCHWORDS : CRIMINAL LAW - application for inquiry under s.474D(1) Crimes Act 1900 subsequent to conviction - applicant pleads guilty to armed robbery and sexual assault - DNA evidence implicating applicant - approach to s.474D application where applicant pleaded guilty - no doubt or question as to guilt - application refused
LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912
Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Eastman v Director of Public Prosecutions (ACT) [2003] 214 CLR 318 R v Vastag (Court of Criminal Appeal, 12 May 1997, unreported) R v Johns (1999) 110 A Crim R 149 CASES CITED : R v Liberti (1991) 55 A Crim R 120 Meissner v The Queen (1995) 184 CLR 132 R v Doyle (2001) 123 A Crim R 151 R v Van (2002) 129 A Crim 229 Wong v Director of Public Prosecutions (2005) 155 A Crim R 37 R v Sewell [2001] NSWCCA 299
PARTIES : Paul Nardelli (Applicant)
FILE NUMBER(S) : SC 72005/2006
COUNSEL : Applicant (in person) C Morris (Respondent)
SOLICITORS : Crown Solicitor's Office (Respondent)
LOWER COURT JURISDICTION : District Court
LOWER COURT FILE NUMBER(S) : N/A
LOWER COURT JUDICIAL OFFICER : His Honour Judge Shadbolt
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