IN THE APPLICATION OF Michael Anthony GLEESON [2001] NSWSC 866

IN THE APPLICATION OF Michael Anthony GLEESON [2001] NSWSC 866

The Court was satisfied that there was ample evidence supporting the charges without the police confession, that the applicant's allegations about threats and harassment occurred after he had pleaded guilty and were not relevant to the veracity of the confession, that complaints about counts to which he pleaded not guilty were irrelevant, and that the sentencing judge had not punished him for matters outside the guilty pleas. Because the conviction and sentence had been fully dealt with in the original proceedings, on appeal, and in two previous s 474D applications, and because no special facts or special circumstances justified further action, the Court refused to consider or otherwise...

Jurisdiction
Australia
Judgment Date
19 October 2001
Procedural Posture
Application for an Inquiry Into a Conviction or Sentence Under Crimes Act S 474 D / Determination by the Supreme Court of New South Wales After Conviction, Sentence, an Unsuccessful Appeal Application, and Two Previous S 474 D Applications
Outcome
Application refused.
Legal Topics
['post Conviction Inquiry' 'refusal to Consider Application' 'guilty Pleas' 'sexual Offences Against a Child' 'alleged Involuntary Confession' 'sentencing']
['criminal Law' 'criminal Procedure'] ['post Conviction Inquiry' 'refusal to Consider Application' 'guilty Pleas' 'sexual Offences Against a Child' 'alleged Involuntary Confession' 'sentencing']

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Procedural Posture

Application for an Inquiry Into a Conviction or Sentence Under Crimes Act S 474 D / Determination by the Supreme Court of New South Wales After Conviction, Sentence, an Unsuccessful Appeal Application, and Two Previous S 474 D Applications

Legal Issues

  1. 1 ['Whether the material advanced by the applicant justified an inquiry into his convictions or sentence under Crimes Act s 474D.' 'Whether the Supreme Court should direct an inquiry or refer the case to the Court of Criminal Appeal under s 474E.' 'Whether the application could be refused because the matters had been fully dealt with in the original proceedings, on appeal, and in previous applications, and because no special facts or special circumstances justified further action.']

Ratio Decidendi

The Court was satisfied that there was ample evidence supporting the charges without the police confession, that the applicant's allegations about threats and harassment occurred after he had pleaded guilty and were not relevant to the veracity of the confession, that complaints about counts to which he pleaded not guilty were irrelevant, and that the sentencing judge had not punished him for matters outside the guilty pleas. Because the conviction and sentence had been fully dealt with in the original proceedings, on appeal, and in two previous s 474D applications, and because no special facts or special circumstances justified further action, the Court refused to consider or otherwise...

Court Disposition

Application refused.

Orders

  • ['The Court refused to consider or otherwise deal with the application made by the applicant pursuant to s 474D.']