PARKER [2007] NSWSC 753

PARKER [2007] NSWSC 753

The application was dismissed because the matters relied upon did not give rise to any doubt, unease, or sense of disquiet concerning the finding that Michael John Parker committed manslaughter. The entomological material had already been considered in the previous application; DNA testing was not available because the relevant forensic samples and exhibits had been destroyed and, in any event, would not have been determinative; and the allegations attributed to Tom Charlton were found to be worthless. The Crown case remained strong because the applicant's confession contained details realistically known only to the person responsible for the victim's death.

Jurisdiction
Australia
Judgment Date
12 July 2007
Procedural Posture
Application for an Inquiry Under S474 D Crimes Act 1900 / Determination on Written Submissions
Outcome
Application for an inquiry under s474D Crimes Act 1900 dismissed.
Legal Topics
['application for Inquiry' 'manslaughter' 'special Hearing' 'fresh Evidence' 'dna Testing' 'doubt as to Guilt']
['criminal Law'] ['application for Inquiry' 'manslaughter' 'special Hearing' 'fresh Evidence' 'dna Testing' 'doubt as to Guilt']

Case Brief

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Procedural Posture

Application for an Inquiry Under S474 D Crimes Act 1900 / Determination on Written Submissions

Legal Issues

  1. 1 ["Whether the material submitted gave rise to a doubt concerning Michael John Parker's 1988 finding of guilt for manslaughter sufficient to justify an inquiry under s474D of the Crimes Act 1900." 'Whether matters concerning the entomological evidence and time of death had already been determined at trial, on appeal, or in the reasons refusing the previous application.' "Whether DNA testing of the deceased's clothing or forensic samples was available and whether the inability to conduct such testing gave rise to a doubt." 'Whether allegations that another person killed Faye Louise Charlton gave rise to a doubt concerning the finding against the applicant.']

Ratio Decidendi

The application was dismissed because the matters relied upon did not give rise to any doubt, unease, or sense of disquiet concerning the finding that Michael John Parker committed manslaughter. The entomological material had already been considered in the previous application; DNA testing was not available because the relevant forensic samples and exhibits had been destroyed and, in any event, would not have been determinative; and the allegations attributed to Tom Charlton were found to be worthless. The Crown case remained strong because the applicant's confession contained details realistically known only to the person responsible for the victim's death.

Court Disposition

Application for an inquiry under s474D Crimes Act 1900 dismissed.

Orders

  • ['The application for an inquiry into the finding is dismissed.']