Application of Paul Nardelli under Section 474D Crimes Act 1900 [2006] NSWSC 967

Application of Paul Nardelli under Section 474D Crimes Act 1900 [2006] NSWSC 967

The material relied on by the Applicant, much of which had been available and explored at committal before he pleaded guilty, did not create any doubt or question as to his guilt, mitigating circumstances or any part of the evidence. The DNA evidence powerfully linked the Applicant to semen found at the crime scene and excluded the alternative suspect, and the Applicant's bare assertions of innocence and complaints about evidence, police conduct and legal advice did not justify an inquiry or referral under s.474E(1).

Jurisdiction
Australia
Judgment Date
21 September 2006
Procedural Posture
Application Under S.474 D(1) Crimes Act 1900 for an Inquiry Into Conviction and Sentence / On Written Submissions
Outcome
Application refused
Legal Topics
['post Conviction Inquiry Application' 'pleas of Guilty' 'dna Evidence' 'armed Robbery' 'sexual Assault' 'referral to Court of Criminal Appeal']
['criminal Law'] ['post Conviction Inquiry Application' 'pleas of Guilty' 'dna Evidence' 'armed Robbery' 'sexual Assault' 'referral to Court of Criminal Appeal']

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Procedural Posture

Application Under S.474 D(1) Crimes Act 1900 for an Inquiry Into Conviction and Sentence / On Written Submissions

Legal Issues

  1. 1 ["Whether it appeared that there was a doubt or question as to the Applicant's guilt, mitigating circumstances, or any part of the evidence for the purposes of s.474E(2) Crimes Act 1900." "Whether the Applicant's complaints about DNA evidence, destroyed or missing items, identification evidence, police conduct and legal advice justified an inquiry or referral to the Court of Criminal Appeal." "Whether the Applicant's failure to appeal or seek leave to appeal affected the application under s.474E(3)."]

Ratio Decidendi

The material relied on by the Applicant, much of which had been available and explored at committal before he pleaded guilty, did not create any doubt or question as to his guilt, mitigating circumstances or any part of the evidence. The DNA evidence powerfully linked the Applicant to semen found at the crime scene and excluded the alternative suspect, and the Applicant's bare assertions of innocence and complaints about evidence, police conduct and legal advice did not justify an inquiry or referral under s.474E(1).

Court Disposition

Application refused

Orders

  • ['The application under s.474D Crimes Act 1900 is refused.']