Event and Time
Event Description
David Robinson, a solicitor, was fatally shot at the rear of his premises on 10 July 2006. The applicant, a former client, was subsequently convicted of his murder in May 2008 and sentenced to 28 years in prison. Following an appeal in April 2011, his sentence was reduced to 24 years with a non-parole period of 20 years. The applicant sought a second appeal based on claims of fresh and compelling evidence of a miscarriage of justice.
Application and Claims
The applicant applied for leave to appeal under s 326A of the Criminal Procedure Act 2009, claiming:
- Fresh Evidence: Testimonies and affidavits that purportedly reveal substantial inconsistencies and motives implicating other potential suspects.
- Miscarriage of Justice: He asserted that the evidence was not available during the original trial, which might lead to a different verdict.
Judicial Decisions
The court previously dismissed the applicant's initial appeal against conviction, noting that the prosecution's case was robust. In the appeal for a second chance, the court found that the newly presented evidence did not meet the threshold of being "fresh and compelling" under s 326C of the Criminal Procedure Act.
Dispute Points and Legal Basis
Dispute Points
Applicant's Claims
- Fresh Forensic Evidence: A report by Jane Taupin questioning the earlier forensic analysis.
- Alibi Evidence: Affidavit from Claude Larosa claiming to provide alibi during the murder.
- Witness Affidavits: Testimonies from Carole Dunn and Maree Carroll suggesting other potential motives for killing Robinson.
- Evidence of Prior Threats: Affidavit from Rosalie Standley regarding previous gunfire incidents at the premises suggesting other suspects.
- Inquiry Misconduct: Accusations against Sergeant Ron Iddles for prematurely narrowing the investigation focus.