R v O'SULLIVAN [2001] NSWSC 772

R v O'SULLIVAN [2001] NSWSC 772

The material concerning the Applicant's asserted coerced confession and guilty plea, the misconduct attributed to Detective Eade, evidence of similar misconduct and corrupt activities, and the Attorney General's support clearly showed a doubt or question as to the Applicant's guilt within Section 474E(2) of the Crimes Act, making referral of the convictions and sentences to the Court of Criminal Appeal appropriate.

Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Section 474 D Application / Application Under Sections 474 D and 474 E of the Crimes Act Seeking an Enquiry Into Convictions and Sentences and Referral to the Court of Criminal Appeal
Outcome
The matter is to be referred to the Court of Criminal Appeal.
Legal Topics
['post Conviction Review' 'referral to the Court of Criminal Appeal' 'drug Offences' 'police Misconduct' 'guilty Plea']
['criminal Law' 'criminal Procedure'] ['post Conviction Review' 'referral to the Court of Criminal Appeal' 'drug Offences' 'police Misconduct' 'guilty Plea']

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Procedural Posture

Section 474 D Application / Application Under Sections 474 D and 474 E of the Crimes Act Seeking an Enquiry Into Convictions and Sentences and Referral to the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether there was a doubt or question as to the convicted person's guilt within Section 474E(2) of the Crimes Act." "Whether the convictions and sentences imposed on Michael John O'Sullivan should be referred to the Court of Criminal Appeal."]

Ratio Decidendi

The material concerning the Applicant's asserted coerced confession and guilty plea, the misconduct attributed to Detective Eade, evidence of similar misconduct and corrupt activities, and the Attorney General's support clearly showed a doubt or question as to the Applicant's guilt within Section 474E(2) of the Crimes Act, making referral of the convictions and sentences to the Court of Criminal Appeal appropriate.

Court Disposition

The matter is to be referred to the Court of Criminal Appeal.

Orders

  • ["The convictions of, and sentences imposed upon, Mr Michael O'Sullivan by Mr Butler LCM on 17 January 1992 in respect of the charge that on 14 November 1991 at Wyoming in New South Wales he did supply a prohibited drug, Diamorphine (heroin), are referred to the Court of Criminal Appeal." "The convictions of, and...