R v Cheney [2004] NSWSC 104

R v Cheney [2004] NSWSC 104

There is insufficient credible fresh evidence, particularly regarding DNA, to create a sense of unease or doubt as to the petitioner's conviction; the petition essentially seeks to re-agitate matters already determined and does not warrant an inquiry under s474D.

Jurisdiction
Australia
Judgment Date
10 March 2004
Procedural Posture
Application for Inquiry Into Conviction / Judgment on Petition Under S474 D of Crimes Act 1900 (nsw)
Outcome
Petition Dismissed
Legal Topics
['inquiry Into Conviction' 'fresh Evidence' 'dna Evidence' 'police Procedure']
['criminal Law'] ['inquiry Into Conviction' 'fresh Evidence' 'dna Evidence' 'police Procedure']

Case Brief

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Procedural Posture

Application for Inquiry Into Conviction / Judgment on Petition Under S474 D of Crimes Act 1900 (nsw)

Legal Issues

  1. 1 ['Whether fresh evidence, particularly DNA evidence, creates doubt or unease as to the conviction' 'Whether an inquiry into conviction should be granted under s474D of the Crimes Act 1900 (NSW)']

Ratio Decidendi

There is insufficient credible fresh evidence, particularly regarding DNA, to create a sense of unease or doubt as to the petitioner's conviction; the petition essentially seeks to re-agitate matters already determined and does not warrant an inquiry under s474D.

Court Disposition

Petition Dismissed

Orders

  • ['Application for inquiry into conviction dismissed' 'No direction that an inquiry be conducted']