DUNCAN, Paul Parepano - Application pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 847

Supreme Court New South Wales

Medium Neutral Citation: DUNCAN, Paul Parepano - Application pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 847 Hearing dates: On the papers Decision date: 26 June 2014 Jurisdiction: Common Law Before: Button J Decision: Pursuant to s 79(1)(b) of the Crimes (Appeal And Review) Act 2001, the whole case is referred to the Court of Criminal Appeal, to be dealt with as an appeal against conviction under the Criminal Appeal Act 1912. Catchwords: CRIMINAL LAW - application for inquiry into conviction - Crimes (Appeal and Review) Act 2001 (NSW), Part 7 - whether there is a doubt or question as to the convicted person's guilt - allegation that trial judge was asleep and jury was distracted as a result - whether this can found "a doubt or question" pursuant to s 79(2) - consideration of the nature and scope of the test contained in s 79(2) Legislation Cited: Crimes Act 1900 (NSW), ss 33, 93C Crimes (Appeal and Review) Act 2001 (NSW), ss 76-79 Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Application of Peter James Holland [2008] NSWSC 251 Application by Robert Roberti pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 683 Cesan v The Queen; Mas Rivadavia v The Queen [2008] HCA 52; 236 CLR 358 Duncan v The Queen [2012] HCASL 195 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28; 214 CLR 318 Eastman v The Queen [2000] HCA 29; 203 CLR 1 Mickelberg v The Queen [1989] HCA 35; 167 CLR 259 at 265-271, 297-299 R v Duncan and Perre [2004] NSWCCA 431 Sinkovich v Attorney General of New South Wales [2013] NSWCA 383 Varley v Attorney General (NSW)(1987) 8 NSWLR 30 Category: Principal judgment Parties: Paul Parepano Duncan (applicant) Attorney General (respondent) Representation: Counsel: K Borick QC (applicant) C Lonergan (respondent) Solicitors: Edgelaw (applicant) Crown Solicitor's Office (respondent) File Number(s): 2013/280550