THE men responsible for murdering 14-year-old autistic teenager Timmy O’Brien have had their applications to appeal their convictions refused by the Court of Appeal.
Court of Appeal acting president Justice Mark Weinberg took less than 30 seconds to deliver the judgment for both men at a regional circuit sitting in Ballarat on Wednesday morning.
Darren Wilson, who was sentenced to 30 years and six months’ imprisonment with a non-parole period of 26 years after being found guilty of one charge of murder and two charges of incitement to murder, sought leave to appeal his conviction and sentence.
Wilson made the application to appeal his conviction on the grounds there was a miscarriage of justice caused by the failure of the trial judge to direct the jury they had to be unanimous in their decision.
Wilson made an application to appeal his sentence on the grounds his sentence on the charge of murder compared to Henderson’s gave rise to a justifiable sense of grievance.
But the Court of Appeal justices found Wilson’s ground of appeal against conviction was not reasonably argued and said the trial judge’s charge demonstrated there was no realistic prospect the jury convicted Wilson on a basis they were not unanimous.
They also found the ground of appeal against sentencing was not reasonably argued, saying differences in personal circumstances between Wilson and Henderson were explained by the trial judge as reasons for a lower sentence of 24 years for Joel Henderson.
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