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Hoddle St killer: Julian Knight legal win may pave way for murder conviction, sentence appeal

Mass killer Julian Knight so bottled up the courts with frivolous claims, lawsuits and appeals, he was declared a “vexatious litigant” 15 years ago. Now he’s back in court again as a judge considers a legal Hail Mary.

Hoddle St Killer Julian Knight has won a legal hurdle which could see him appeal his murder conviction for the first time.
Hoddle St Killer Julian Knight has won a legal hurdle which could see him appeal his murder conviction for the first time.

Hoddle St killer Julian Knight – one of Australia’s worst mass murderers – has won a significant legal hurdle, which could allow him to appeal his murder conviction and sentence for the first time.

Knight – convicted of seven counts of murder and sentenced to life imprisonment in 1988 – missed his right to appeal more than 30 years ago, but his fresh legal win has left the door ajar.

Knight – considered a vexatious litigant in 2004 – applied to the Victorian Supreme Court for leave to commence an application for an extension of time to appeal against his conviction and sentence.

He also applied for leave to file an appeal against his conviction and an appeal against the sentence imposed.

Knight, 19 at the time, under heavy police guard following his arrest. Picture: Michael Potter
Knight, 19 at the time, under heavy police guard following his arrest. Picture: Michael Potter

Knight, who made his application under the Vexatious Proceedings Act, submitted an affidavit to support his claim in April, this year.

Justice Melinda Richards decided on December 4 that she required more material before deciding Knight’s legal Hail Mary.

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“I will give him an opportunity to file a further affidavit and written submissions in support of his application for leave to proceed with his proposed application to extend time to file an appeal against conviction or sentence,” Justice Richards said.

Knight has until February 28, 2020 to file the additional material.

“I will consider any further material filed by that date, before making a final decision on the application,” Justice Richards said.

Knight also sought an order to gain full-time access to a computer in his Port Phillip Prison cell – an application he has made several times – but this was denied.

Justice Richards queried Knight’s motivation to launch his first murder conviction and sentence appeal.

“It is possible that Mr Knight’s belated interest in an appeal was prompted by the enactment of 74AA of the Corrections Act,” Justice Richards said.

The section was specifically activated by the Victorian Government in 2014 to keep Knight in prison.

It came into affect just before Knight’s 27-year non-parole period expired.

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Knight challenged the validity of the section but this was dismissed by the High Court in 2017.

Knight was arrested on August 9, 1987 after he killed seven people and wounded 19 others during a shooting rampage at Hoddle St, Clifton Hill.

Knight was also convicted of 46 counts of attempted murder.

paul.shapiro@news.com.au

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Original URL: https://www.heraldsun.com.au/leader/north/hoddle-st-killer-julian-knight-legal-win-may-pave-way-for-murder-conviction-sentence-appeal/news-story/00c3ae3b8ac78ad9cebf05091e49e928