Appn of Robert Joseph DUNN [2005] NSWSC 857

Appn of Robert Joseph DUNN [2005] NSWSC 857

The application was declined because the matters relied on by Mr Dunn had largely been fully dealt with in earlier stay proceedings and appeals, the indemnity and undertaking did not cover the 27 convictions, the alleged promises and plea bargain were unsupported by evidence, the extradition complaints did not amount to valid grounds affecting the convictions, and the asserted inadequacy of representation did not create unease or disquiet in allowing convictions entered on pleas of guilty to stand.

Jurisdiction
Australia
Judgment Date
30 August 2005
Procedural Posture
Application Pursuant to S474 D of the Crimes Act 1900 for an Inquiry Into Convictions / Application Considered After the Court of Criminal Appeal Dismissed the Appeal Against Conviction and Allowed Leave to Appeal Against Sentence
Outcome
Application for an Inquiry under s474D of the Crimes Act 1900 declined.
Legal Topics
['inquiry Into Conviction or Sentence' 'plea of Guilty' 'indemnity From Prosecution' 'abuse of Process and Stay of Proceedings' 'extradition' 'ineffective Legal Representation' 'admissibility of Evidence']
['criminal Law' 'criminal Practice and Procedure'] ['inquiry Into Conviction or Sentence' 'plea of Guilty' 'indemnity From Prosecution' 'abuse of Process and Stay of Proceedings' 'extradition' 'ineffective Legal Representation' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Application Pursuant to S474 D of the Crimes Act 1900 for an Inquiry Into Convictions / Application Considered After the Court of Criminal Appeal Dismissed the Appeal Against Conviction and Allowed Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the material raised by Mr Dunn created a doubt or question as to his guilt, mitigating circumstances, or any part of the evidence so as to justify action under s474E of the Crimes Act 1900.' 'Whether alleged broken promises, indemnities and undertakings, and alleged inadmissible video evidence justified an Inquiry.' 'Whether alleged unlawful removal from Honduras and extradition from the United States raised a doubt or question relevant to the convictions.' 'Whether alleged inadequate legal representation on the stay application created unease or disquiet in allowing the convictions to stand.' "Whether Mr Dunn's pleas of guilty were induced by an alleged promise that the Crown would press for an 8 year sentence with a 6 year non-parole period."]

Ratio Decidendi

The application was declined because the matters relied on by Mr Dunn had largely been fully dealt with in earlier stay proceedings and appeals, the indemnity and undertaking did not cover the 27 convictions, the alleged promises and plea bargain were unsupported by evidence, the extradition complaints did not amount to valid grounds affecting the convictions, and the asserted inadequacy of representation did not create unease or disquiet in allowing convictions entered on pleas of guilty to stand.

Court Disposition

Application for an Inquiry under s474D of the Crimes Act 1900 declined.

Orders

  • ['Application for an Inquiry under s474D of the Crimes Act 1900 declined.']