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==Legal cases==
==Legal cases==
===Murder of Kerry Whelan===
===Murder of Kerry Whelan===
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 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>
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>

Revision as of 18:11, 6 January 2023

Bruce Allan Burrell
Born(1953-01-25)25 January 1953[1]
Died4 August 2016(2016-08-04) (aged 63)
Prince of Wales Hospital
OccupationAdvertising executive
Criminal statusDied in custody
Conviction(s)Murder x 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 serve 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 was 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]

Murder of Kerry Whelan

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]

Dorothy Davis

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]

References

  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
  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).
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