The Application of Robert Minniti [2011] NSWSC 835
Having regard to the affidavits and the trial transcript, there was no substantial failure by the trial judge to supervise or control the proceedings, nor was there any evidence that the jury was distracted or the trial outcome affected. There is no doubt or question as to the applicant's guilt. The application is refused.
- Jurisdiction
- Australia
- Judgment Date
- 20 July 2011
- Procedural Posture
- Criminal / Application Under S 79(1)(b) Crimes (appeal and Review) Act 2001
- Outcome
- Application refused
- Legal Topics
- ['application for Inquiry After Conviction' 'judicial Conduct' 'miscarriage of Justice' 'jury Inattention']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal / Application Under S 79(1)(b) Crimes (appeal and Review) Act 2001
Legal Issues
- 1 ["Whether the trial judge's alleged inattention or sleep amounted to a substantial failure to supervise the trial process" 'Whether there was a miscarriage of justice by reason of the trial judge and/or jurors allegedly falling asleep' "Whether there is doubt or question as to the applicant's guilt under s 79(2) Crimes (Appeal and Review) Act 2001"]
Ratio Decidendi
Having regard to the affidavits and the trial transcript, there was no substantial failure by the trial judge to supervise or control the proceedings, nor was there any evidence that the jury was distracted or the trial outcome affected. There is no doubt or question as to the applicant's guilt. The application is refused.
Court Disposition
Application refused
Orders
- ['The application under s 79(1)(b) Crimes (Appeal and Review) Act 2001 is refused.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment