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{{Short description|Australian murderer}}
{{Use Australian English|date=March 2018}}
{{Use dmy dates|date=March 2018}}
{{Infobox criminal
{{Infobox criminal
| name = Bruce Allan Burrell
| name = Bruce Allan Burrell
| image_name =
| image_name =
| image_size =
| image_size =
| image_caption =
| image_caption =
| birth_date = {{Birth date|df=y|1953|01|25}}<ref name="nswsc30">[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2008/30.html R v Bruce Allan BURRELL (No 3) NSWSC 30], [[Supreme Court of New South Wales]], 8 February 2008</ref>
| birth_date = {{Birth date|df=y|1953|1|25}}<ref name="30 NSWSC 30">{{cite AustLII|NSWSC|30|2008|litigants=R v Bruce Allan Burrell (No 3) |courtname=auto |date=8 February 2008}}.</ref>
| birth_place =
| birth_place =
| death_date = {{death date and age|df=y|2016|08|04|1953|01|25}}
| death_date = {{death date and age|df=y|2016|8|4|1953|1|25}}
| death_place = [[Prince of Wales Hospital (Sydney)|Prince of Wales Hospital]]
| death_place = [[Sydney]], New South Wales
| alias =
| alias =
| charge =
| charge =
| conviction = Murder x 2<br />Kidnapping
| conviction = Murder × 2<br/>Kidnapping
| conviction_penalty = Life imprisonment+ 44 years
| conviction_penalty = Life imprisonment + 44 years
| conviction_status = Died in custody
| conviction_status = Died in custody
| occupation = Advertising executive
| occupation = Advertising executive
| spouse =
| spouse =
| parents =
| parents =
| children =
| children =
}}
}}


'''Bruce Allan Burrell''' (25 January 1953 – 4 August 2016) was an Australian convicted [[kidnapper]] and [[double murder]]er, who in 2006 was sentenced to serve [[life imprisonment]] plus 44 years for the 1995 murder of 74-year-old grandmother Dorothy Davis and the 1997 murder of 39-year-old mother Kerry Whelan, neither of whom was ever found, with Burrell not revealing the location of his victims' bodies. Burrell died at the [[Prince of Wales Hospital (Sydney)|Prince of Wales Hospital at Randwick]], whilst still in prison custody on 4 August 2016, aged 63, from lung and liver cancer.<ref>{{cite web|url=http://www.smh.com.au/nsw/double-murderer-bruce-burrell-dies-without-revealing-his-victims-whereabouts-20160804-gqku4c.html|title=Double murderer Bruce Burrell dies without revealing his victims' whereabouts|first=Nick|last=Ralston|date=4 August 2016|work=smh.com.au|accessdate=4 August 2016}}</ref>
'''Bruce Allan Burrell''' (25 January 1953 – 4 August 2016) was an Australian convicted [[kidnap]]per and [[double murder]]er, who in 2006 was sentenced to a term of [[life imprisonment]] plus 44 years for the 1995 murder of 74-year-old Dorothy Davis and the 1997 murder of 39-year-old Kerry Whelan, neither of whom were ever found, with Burrell not revealing the location of his victims' bodies. Burrell died at the [[Prince of Wales Hospital (Sydney)|Prince of Wales Hospital]] at [[Randwick, New South Wales|Randwick]], whilst still in prison custody on 4 August 2016, aged 63, from lung and liver cancer.<ref>{{cite news|url=http://www.smh.com.au/nsw/double-murderer-bruce-burrell-dies-without-revealing-his-victims-whereabouts-20160804-gqku4c.html|title=Double murderer Bruce Burrell dies without revealing his victims' whereabouts|first=Nick|last=Ralston|date=4 August 2016|newspaper=smh.com.au|accessdate=4 August 2016}}</ref>

==Legal cases==
==Legal cases==
===Murder of Kerry Whelan===
===Murder of Kerry Whelan===
Kerry Whelan was a 39-year-old mother of three last seen getting into a [[Mitsubishi Pajero]] four-wheel-drive with Burrell leaving the [[Parkroyal|Parkroyal Hotel]] in [[Parramatta]] during May 1997, the day after which Whelan's husband Bernie Whelan received a $1 million dollar ransom note.<ref name="granted">[http://www.smh.com.au/news/national/burrell-granted-retrial/2008/07/31/1217097386516.html Burrell granted new hearing], [[Supreme Court of New South Wales]], 31 August 2008</ref> Whelan's body has never been found<ref name=granted/> The first trial was a hung jury, with Burrell being convicted on the second trial. The kidnap and conviction became one of Australia's most infamous crimes.
Kerry Whelan was last seen getting into a [[Mitsubishi Pajero]] four-wheel drive with Burrell leaving the [[Parkroyal|Parkroyal Hotel]] in [[Parramatta]] during May 1997, the day after which Whelan's husband Bernie Whelan received a $1 million ransom note.<ref name="2008 HCA 34">{{cite AustLII|HCA|34|2008|litigants=Burrell v The Queen |parallelcite=(2008) 238 [[Commonwealth Law Reports|CLR]] 218}} {{cite web |url=http://www.hcourt.gov.au/assets/publications/judgment-summaries/2008/hca34-2008-07-31.pdf |title=judgment summary |publisher=[[High Court of Australia|High Court]] |date=31 July 2008}}</ref><ref name="granted">{{cite news |url=http://www.smh.com.au/news/national/burrell-granted-retrial/2008/07/31/1217097386516.html |title=Burrell granted new hearing |date=31 August 2008 |newspaper=smh.com.au |author=Brown, M |access-date=12 March 2018}}</ref> Whelan's body has never been found.<ref name=granted/> The kidnapping and conviction became one of Australia's most infamous crimes.


Burrell, who had been a friend and former employee of the Whelan family, was charged in 1999. Charges were subsequently dropped, but re-instated in 2002 after a formal inquest. The first trial in 2005 ended with a hung jury, but Burrell was convicted on the second trial in 2006. Burrell was sentenced to life imprisonment for murder and 16 years' jail for the kidnapping charge.<ref name="2008 HCA 34"/> Burrell was unsuccessful in an appeal against his conviction and sentence to the [[NSW Court of Criminal Appeal]], constituted by the Chief Judge at Common Law, [[Peter McClellan]] and Justices [[Brian Sully|Sully]] and [[Bruce James (judge)|James]].<ref name="2007 NSWCCA 65">{{cite AustLII|NSWCCA|65|2007|litigants=Burrell v R |courtname=auto |date=16 March 2007}}.</ref> The Court of Criminal Appeal discovered it had made factual errors in its judgment and purported to reopen the appeal, and heard from the parties before confirming its orders dismissing the appeal.<ref name="2007 NSWCCA 79">{{cite AustLII|NSWCCA|79|2007|litigants=Burrell v R |courtname=[[NSW Court of Criminal Appeal|Court of Criminal Appeal]] (NSW) |date=23 March 2007}}.</ref> On 31 July 2008 the High Court held that the Court of Criminal Appeal had no power to reopen the appeal after the orders had been formally recorded and that the error in the judgment on 16 March 2007 meant that those orders must be set aside and the matter remitted to the Court of Criminal Appeal.<ref name="2008 HCA 34"/><ref name=granted/> The Court of Criminal Appeal, [[Margaret Beazley|Beazley JA]], [[Michael Grove|Grove]] and [[Roderick Howie|Howie]] JJ dismissed the appeals.<ref name="2009 NSWCCA 163">{{cite AustLII|NSWCCA|163|2009|litigants=Burrell v R |courtname=auto |date=17 June 2009}}.</ref>
Whelan, who had been a friend and former employee of the{{which|date=August 2016}} family, laid charges in 1999, which were subsequently dropped, but re-instated in 2002, after a former inquest. On 31 July 2008, Burrell was granted the right to have his murder conviction rehearded.<ref name=granted/>


===Dorothy Davis===
===Murder of Dorothy Davis===
Dorothy Davis was a 74-year-old grandmother and wealthy widow living in Lurline Bay, Sydney. On 30 May 1995, Davis left her apartment to visit Burrell's wife. She was never seen again. Burrell was charged with Davis's murder and later found guilty by a jury, stating financial gain as a motive.<ref>[http://guides.sl.nsw.gov.au/content.php?pid=242811&sid=2189486 R v Burrell - Dorothy Davis - LIAC Crime Library - Research guides at State Library of New South Wales]</ref>
Dorothy Davis was a 74-year-old wealthy widow living in Lurline Bay, Sydney. On 30 May 1995, Davis left her apartment to visit Burrell's wife. She was never seen again. Burrell was charged with Davis's murder and later found guilty by a jury, stating financial gain as a motive.<ref>{{Cite web |url=http://guides.sl.nsw.gov.au/content.php?pid=242811&sid=2189486 |title=R v Burrell - Dorothy Davis - LIAC Crime Library - Research guides at State Library of New South Wales |access-date=4 August 2016 |archive-date=21 August 2016 |archive-url=https://web.archive.org/web/20160821013540/http://guides.sl.nsw.gov.au/content.php?pid=242811&sid=2189486 |url-status=dead }}</ref> Burrell was sentenced to 28 years in prison with a non-parole period of 21 years.<ref name="30 NSWSC 30"/> Burrell's appeal against his conviction and sentence was dismissed in 2009.<ref name="2009 NSWCCA 193">{{cite AustLII|NSWCCA|193|2009|litigants=Burrell v R |courtname=auto |date=31 July 2009}}.</ref> Burrell sought special leave to appeal to the High Court, but this was refused.<ref>{{cite AustLII|HCATrans|141|2010|litigants=Burrell v The Queen |courtname=auto |date=28 May 201}}.</ref>

==Media==
In March 2022, author [[Mark Tedeschi]] released a book, ''Missing, Presumed Dead'', on the murders.<ref>{{Cite book |url=https://www.simonandschuster.com.au/books/Missing-Presumed-Dead/Mark-Tedeschi/9781761104459 |title=Missing, Presumed Dead |date=2022-03-30 |isbn=978-1-76110-445-9 |language=en |last=Tedeschi |first=Mark |publisher=Simon & Schuster Australia }}</ref>

In April 2022, ''True Crime Conversations'', an [[List of Australian crime podcasts|Australian crime podcast]], interviewed Tedeschi about his book and the details of the murders.<ref>{{Cite web |title=True Crime Conversations: The Double Murder That Shocked Australia on Apple Podcasts |url=https://podcasts.apple.com/jp/podcast/the-double-murder-that-shocked-australia/id1469153910?i=1000555741532&l=en |access-date=2023-05-04 |website=Apple Podcasts |language=en-US}}</ref>


==References==
==References==
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[[Category:2016 deaths]]
[[Category:2016 deaths]]
[[Category:Australian kidnappers]]
[[Category:Australian kidnappers]]
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[[Category:Australian prisoners sentenced to life imprisonment]]
[[Category:Prisoners sentenced to life imprisonment by New South Wales]]
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[[Category:People from Sydney]]
[[Category:Australian people convicted of murder]]
[[Category:Australian people convicted of murder]]
[[Category:Deaths from liver cancer]]
[[Category:Australian prisoners sentenced to life imprisonment]]
[[Category:Deaths from lung cancer]]
[[Category:Deaths from cancer in New South Wales]]
[[Category:Deaths from liver cancer in Australia]]
[[Category:Deaths from lung cancer in Australia]]
[[Category:Murder convictions without a body]]
[[Category:People convicted of murder by New South Wales]]
[[Category:People convicted of murder by New South Wales]]
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[[Category:Criminals from Sydney]]

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{{Crime-bio-stub}}

Latest revision as of 05:35, 20 April 2024

Bruce Allan Burrell
Born(1953-01-25)25 January 1953[1]
Died4 August 2016(2016-08-04) (aged 63)
Sydney, New South Wales
OccupationAdvertising executive
Criminal statusDied in custody
Conviction(s)Murder × 2
Kidnapping
Criminal penaltyLife imprisonment + 44 years

Bruce Allan Burrell (25 January 1953 – 4 August 2016) was an Australian convicted kidnapper and double murderer, who in 2006 was sentenced to a term of life imprisonment plus 44 years for the 1995 murder of 74-year-old Dorothy Davis and the 1997 murder of 39-year-old Kerry Whelan, neither of whom were ever found, with Burrell not revealing the location of his victims' bodies. Burrell died at the Prince of Wales Hospital at Randwick, whilst still in prison custody on 4 August 2016, aged 63, from lung and liver cancer.[2]

[edit]

Murder of Kerry Whelan

[edit]

Kerry Whelan was last seen getting into a Mitsubishi Pajero four-wheel drive with Burrell leaving the Parkroyal Hotel in Parramatta during May 1997, the day after which Whelan's husband Bernie Whelan received a $1 million ransom note.[3][4] Whelan's body has never been found.[4] The kidnapping and conviction became one of Australia's most infamous crimes.

Burrell, who had been a friend and former employee of the Whelan family, was charged in 1999. Charges were subsequently dropped, but re-instated in 2002 after a formal inquest. The first trial in 2005 ended with a hung jury, but Burrell was convicted on the second trial in 2006. Burrell was sentenced to life imprisonment for murder and 16 years' jail for the kidnapping charge.[3] Burrell was unsuccessful in an appeal against his conviction and sentence to the NSW Court of Criminal Appeal, constituted by the Chief Judge at Common Law, Peter McClellan and Justices Sully and James.[5] The Court of Criminal Appeal discovered it had made factual errors in its judgment and purported to reopen the appeal, and heard from the parties before confirming its orders dismissing the appeal.[6] On 31 July 2008 the High Court held that the Court of Criminal Appeal had no power to reopen the appeal after the orders had been formally recorded and that the error in the judgment on 16 March 2007 meant that those orders must be set aside and the matter remitted to the Court of Criminal Appeal.[3][4] The Court of Criminal Appeal, Beazley JA, Grove and Howie JJ dismissed the appeals.[7]

Murder of Dorothy Davis

[edit]

Dorothy Davis was a 74-year-old wealthy widow living in Lurline Bay, Sydney. On 30 May 1995, Davis left her apartment to visit Burrell's wife. She was never seen again. Burrell was charged with Davis's murder and later found guilty by a jury, stating financial gain as a motive.[8] Burrell was sentenced to 28 years in prison with a non-parole period of 21 years.[1] Burrell's appeal against his conviction and sentence was dismissed in 2009.[9] Burrell sought special leave to appeal to the High Court, but this was refused.[10]

Media

[edit]

In March 2022, author Mark Tedeschi released a book, Missing, Presumed Dead, on the murders.[11]

In April 2022, True Crime Conversations, an Australian crime podcast, interviewed Tedeschi about his book and the details of the murders.[12]

References

[edit]
  1. ^ a b R v Bruce Allan Burrell (No 3) [2008] NSWSC 30 (8 February 2008), Supreme Court (NSW, Australia).
  2. ^ Ralston, Nick (4 August 2016). "Double murderer Bruce Burrell dies without revealing his victims' whereabouts". smh.com.au. Retrieved 4 August 2016.
  3. ^ a b c Burrell v The Queen [2008] HCA 34, (2008) 238 CLR 218 "judgment summary" (PDF). High Court. 31 July 2008.
  4. ^ a b c Brown, M (31 August 2008). "Burrell granted new hearing". smh.com.au. Retrieved 12 March 2018.
  5. ^ Burrell v R [2007] NSWCCA 65 (16 March 2007), Court of Criminal Appeal (NSW, Australia).
  6. ^ Burrell v R [2007] NSWCCA 79 (23 March 2007), Court of Criminal Appeal (NSW).
  7. ^ Burrell v R [2009] NSWCCA 163 (17 June 2009), Court of Criminal Appeal (NSW, Australia).
  8. ^ "R v Burrell - Dorothy Davis - LIAC Crime Library - Research guides at State Library of New South Wales". Archived from the original on 21 August 2016. Retrieved 4 August 2016.
  9. ^ Burrell v R [2009] NSWCCA 193 (31 July 2009), Court of Criminal Appeal (NSW, Australia).
  10. ^ Burrell v The Queen [2010] HCATrans 141 (28 May 201), High Court (Australia).
  11. ^ Tedeschi, Mark (30 March 2022). Missing, Presumed Dead. Simon & Schuster Australia. ISBN 978-1-76110-445-9.
  12. ^ "True Crime Conversations: The Double Murder That Shocked Australia on Apple Podcasts". Apple Podcasts. Retrieved 4 May 2023.
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