The Application of Robert Minniti [2011] NSWSC 835

Supreme Court New South Wales

Medium Neutral Citation: The Application of Robert Minniti [2011] NSWSC 835 Hearing dates: On written submissions Decision date: 20 July 2011 Jurisdiction: Common Law - Criminal Before: Latham J Decision: The application under s 79(1)(b) Crimes (Appeal and Review) Act 2001 is refused. Catchwords: Criminal law - application for enquiry after conviction - application under s 79 Crimes (Appeal and Review) Act 2001 - claim of doubt or question as to applicant's guilt - no substantial failure of trial judge to perform duty in reality or appearance - judge's conduct did not affect outcome of trial or create a risk that trial would be affected Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Robert Minniti v R [2006] NSWCCA 30 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Cesan v The Queen ; Mas Rivadavia v The Queen [2008] HCA 52 Cesan v Director of Public Prosecutions; Mas Rivadavia v Director of Public Prosecutions [2007] NSWCCA 273 TKWJ v The Queen (2002) 212 CLR124 Nudd v The Queen (2006) 80 ALJR 614 Application of Pedrana [2000] NSWSC 970 Category: Principal judgment Parties: Robert Minniti (Applicant) Regina (Respondent) Representation: Gregory J Goold (Applicant - submissions prior to 14 January 2010) Criminal Justice Division, Attorney-General's Department (Respondent - submissions prior to 3 June 2010) File Number(s): 10/10204