Application by Robert Roberti pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 683

Supreme Court New South Wales

Medium Neutral Citation: Application by Robert Roberti pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 683 Hearing dates: On the papers Decision date: 23 May 2014 Before: R A Hulme J Decision: Application refused Catchwords: CRIMINAL LAW - application for inquiry into conviction pursuant to s 78 Crimes (Appeal and Review) Act 2001 - allegation that trial judge slept through portions of trial - not relevant to grounds that have already been dealt with on appeal - does not lead to a sense of unease or disquiet in allowing the conviction to stand - nothing to suggest that trial judge failed to adequately supervise and control trial or that jury was significantly distracted - no departure from proper conduct of trial - application refused Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Customs Act 1901 (Cth) Cases Cited: The Application of Raymond Grant Pedrana [2000] NSWSC 970; 17 A Crim R 459 Application of Peter James Holland under s 78 Crimes (Appeal and Review Act) 2001 [2008] NSWSC 251 Cesan v Director of Public Prosecutions (Cth); Max Rivadavia v Director of Public Prosecutions (Cth) [2007] NSWCCA 273; 174 A Crim R 385 Cesan v The Queen; Mas Rivadavia v The Queen [2008] HCA 52; 236 CLR 358 R v Bartle [2003] NSWCCA 329; 181 FLR 1 R v Bateman [2000] NSWSC 915 The Application of Robert Minniti [2011] NSWSC 835 Category: Principal judgment Parties: Robert Roberti (Applicant) Regina (Respondent) Representation: Counsel: Solicitors: William O'Brien & Ross Hudson Commonwealth Director of Public Prosecutions File Number(s): 2013/40115