REGINA v. SUEY [2001] NSWSC 543

REGINA v. SUEY [2001] NSWSC 543

The material raised sufficient doubt or question about the applicant's guilt on major aspects of the evidence, supported by fresh evidence and factual disputes, to warrant directing an enquiry under s.474E(1)(a) of the Crimes Act 1900; applicant's abandonment of overlapping appeal grounds further justified proceeding without deferral.

Jurisdiction
Australia
Judgment Date
28 June 2001
Procedural Posture
Criminal / Post Conviction Enquiry Direction Following Conviction and Pending Appeal
Outcome
Enquiry directed
Legal Topics
['conviction' 'application for Enquiry' 'fresh Evidence' 'miscarriage of Justice' 'dna Evidence' 'defence Incompetence' 'appeal Procedure']
['criminal Law'] ['conviction' 'application for Enquiry' 'fresh Evidence' 'miscarriage of Justice' 'dna Evidence' 'defence Incompetence' 'appeal Procedure']

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Procedural Posture

Criminal / Post Conviction Enquiry Direction Following Conviction and Pending Appeal

Legal Issues

  1. 1 ["Whether there is a doubt or question as to the convicted person's guilt." 'Whether an enquiry subsequent to conviction should be directed under s.474E(1)(a) of the Crimes Act 1900.' 'Whether the enquiry or appeal should be deferred, and if appellant may abandon grounds of appeal covered by enquiry.']

Ratio Decidendi

The material raised sufficient doubt or question about the applicant's guilt on major aspects of the evidence, supported by fresh evidence and factual disputes, to warrant directing an enquiry under s.474E(1)(a) of the Crimes Act 1900; applicant's abandonment of overlapping appeal grounds further justified proceeding without deferral.

Court Disposition

Enquiry directed

Orders

  • ['An enquiry be conducted by a prescribed person in accordance with s.474E(1)(a) of Crimes Act 1900 and s.474G.' 'Chief Justice to be notified and to appoint the person to conduct the enquiry.']