R v DOYLE [2000] NSWSC 512

R v DOYLE [2000] NSWSC 512

Although Mr Doyle provided limited evidence directed to innocence, the material concerning Detective Sergeant MacMillan and the prosecution generally, including incorrect statements about Mr Doyle's criminal record, unsupported references to a forged passport, delay before being brought before a court, the bringing of lesser Commonwealth charges and summary disposition, raised a doubt or question as to Mr Doyle's guilt within s474E(2). Because the relevant Commonwealth offences could not be the subject of an inquiry and any inquiry into the State offence might ultimately lead to referral, the appropriate exercise of discretion was to refer the convictions and sentences to the Court of...

Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Application Under S474 D of the Crimes Act 1900 (nsw) for an Inquiry Into Convictions and Sentences / Application Considered by the Supreme Court; Convictions and Sentences Referred to the Court of Criminal Appeal
Outcome
Convictions and sentences referred to the Court of Criminal Appeal; non-publication order made subject to further order.
Legal Topics
['post Conviction Review' 'inquiry Into Conviction or Sentence' 'referral to Court of Criminal Appeal' 'guilty Pleas' 'commonwealth Offences Dealt With Summarily' 'alleged Police Misconduct' 'suppression or Non Publication Order']
['criminal Law' 'criminal Procedure'] ['post Conviction Review' 'inquiry Into Conviction or Sentence' 'referral to Court of Criminal Appeal' 'guilty Pleas' 'commonwealth Offences Dealt With Summarily' 'alleged Police Misconduct' 'suppression or Non Publication Order']

Case Brief

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Procedural Posture

Application Under S474 D of the Crimes Act 1900 (nsw) for an Inquiry Into Convictions and Sentences / Application Considered by the Supreme Court; Convictions and Sentences Referred to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether ss474D and 474E of the Crimes Act 1900 (NSW) apply to convictions or sentences in matters dealt with summarily and to offences arising under Commonwealth law.' "Whether it appeared that there was a doubt or question as to Mr Doyle's guilt, mitigating circumstances or any part of the evidence in the case." 'Whether the appropriate course was to direct an inquiry or refer the whole case to the Court of Criminal Appeal.' "Whether orders limiting publication should be made because of Mr Doyle's asserted position as a police informer."]

Ratio Decidendi

Although Mr Doyle provided limited evidence directed to innocence, the material concerning Detective Sergeant MacMillan and the prosecution generally, including incorrect statements about Mr Doyle's criminal record, unsupported references to a forged passport, delay before being brought before a court, the bringing of lesser Commonwealth charges and summary disposition, raised a doubt or question as to Mr Doyle's guilt within s474E(2). Because the relevant Commonwealth offences could not be the subject of an inquiry and any inquiry into the State offence might ultimately lead to referral, the appropriate exercise of discretion was to refer the convictions and sentences to the Court of...

Court Disposition

Convictions and sentences referred to the Court of Criminal Appeal; non-publication order made subject to further order.

Orders

  • ['The Court referred to the Court of Criminal Appeal the convictions of, and sentences imposed upon, Mr Edward Emmett Doyle made and imposed by Mr K S Anderson SM on 7 February 1985 in respect of four charges of imposing upon the Department of Social Security by untrue representations concerning sickness benefits in...