Heuston - Application under Part 7 Crimes (Appeal & Review) Act 2001 [2009] NSWSC 1045

Heuston - Application under Part 7 Crimes (Appeal & Review) Act 2001 [2009] NSWSC 1045

None of the grounds raised by the applicant, including claims of police corruption, new evidence, identification issues, witness perjury, or the effect of other trials, caused the judge any sense of unease or doubt about the correctness of the conviction for the Goodwin offences. Previous reviews and appeals also found no cause for concern. The police misconduct material did not substantially impact the trial or the reliability of witness evidence. Accordingly, the application for inquiry was rejected.

Parties
Applicant: Neil Heuston; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Criminal Application for Inquiry Into Conviction / Judgment on Written Submissions
Outcome
Application rejected
Legal Topics
Appeals, Inquiry Into Conviction, Review of Conviction, Police Corruption, Immunity for Prosecution, Indemnified Witnesses
Criminal Law Appeals Inquiry Into Conviction Review of Conviction Police Corruption Immunity for Prosecution Indemnified Witnesses

Case Brief

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Parties

Neil Heuston

Applicant

The Crown

Respondent

Procedural Posture

Criminal Application for Inquiry Into Conviction / Judgment on Written Submissions

Legal Issues

  1. 1 Whether fresh evidence or grounds exist to warrant an inquiry and a reference to the Court of Criminal Appeal regarding the applicant's conviction at the Goodwin trial
  2. 2 Whether police corruption or fabrication of evidence warrants unease about the conviction
  3. 3 Whether the granting of indemnity to witnesses undermines the conviction

Ratio Decidendi

None of the grounds raised by the applicant, including claims of police corruption, new evidence, identification issues, witness perjury, or the effect of other trials, caused the judge any sense of unease or doubt about the correctness of the conviction for the Goodwin offences. Previous reviews and appeals also found no cause for concern. The police misconduct material did not substantially impact the trial or the reliability of witness evidence. Accordingly, the application for inquiry was rejected.

Court Disposition

Application rejected

Orders

  • Application under Part 7 of the Crimes (Appeal and Review) Act 2001 for an inquiry into conviction is dismissed.