Full details of Sue Neill-Fraser’s appeal document

See the full text of Susan Neill-Fraser’s appeal document lodged with the Supreme Court of Tasmania.

THE full text of Susan Neill-Fraser’s appeal document lodged with the Supreme Court of Tasmania in Hobart:

‘FRESH AND COMPELLING’ EVIDENCE IN NEW APPEAL

 

 

IN THE SUPREME COURT OF TASMANIA
ON APPEAL TO THE COURT OF CRIMINAL APPEAL

BETWEEN:

SUSAN BLYTH NEILL-FRASER

Appellant

- and -

STATE OF TASMANIA

Respondent

NOTICE OF APPEAL

 

TAKE NOTICE that Susan Blyth Neill-Fraser (the Appellant) appeals to the Court of Criminal Appeal on a date to be fixed against the conviction imposed in the Supreme Court of Tasmania at Hobart on 15 October 2010 (File No. 929/2010). She was convicted of murder. She was sentenced on 27 October 2010 to 26 years imprisonment. A non-parole period of 18 years was fixed. On 6 March 2012, an application for leave to appeal this Court was granted ([2012] TASCCA 2). Her appeal against conviction was dismissed. Her appeal against sentence was allowed, and she was re-sentenced to 23 years imprisonment. A non-parole period of 13 years was fixed. On 21 March 2019, she was granted leave to commence a second appeal against her conviction ([2019] TASSC 10).

 

The Appellant appeals pursuant to 2402A of the Criminal Code on the ground that:

 

Ground 1:

Fresh and compelling evidence establishes that there has been a substantial miscarriage of justice. Particulars: There is fresh and compelling evidence that: 1.1: Meaghan Vass had boarded the Four Winds, and the deceased was attacked while she was on board. 1.2: Evidence led by the prosecution at trial in relation to: 1.2.1: the results of, and inferences that could be drawn from, DNA testing; 1.2.2: the results of, and inferences that could be drawn from, Luminol testing; 1.2.3: a winching reconstruction of the Four Winds was misleading. 1.3: The dinghy seen near the Four Winds around the time the deceased was attacked was not the Four Winds' tender.

 

DATED this 2nd day of August 2019

Galbally & O'Bryan Lawyers
Lawyers for the Apellant

TO:	Registrar, Supreme Court of Tasmania Office of the Director of Public Prosecutions