Regina v Ivan Robert Marko Milat [2005] NSWSC 920

Reported Decision : 157 A Crim R 565

New South Wales Supreme Court

CITATION : Regina v Ivan Robert Marko Milat [2005] NSWSC 920

HEARING DATE(S) : Written application

JUDGMENT DATE : 27 October 2005

JUDGMENT OF : Barr J at 1

DECISION : Application for an order under s474D Crimes Act refused

PARTIES : Regina, Ivan Robert Marko Milat

FILE NUMBER(S) : SC 2005/71003

COUNSEL : Not applicable

Crown: S Kavanagh SOLICITORS : Applicant: In person

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

GRAHAM BARR J

27 OCTOBER 2005

2005/71003 REGINA v IVAN ROBERT MARKO MILAT

JUDGMENT 1 HIS HONOUR: Ivan Robert Marko Milat has applied to the Court for an order under s474D Crimes Act for an inquiry into his convictions for one count of detaining for advantage and seven counts of murder. He has asked for an order referring the whole case to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act: see Crimes Act s474E (1)(b). 2 The Court may direct an inquiry into a conviction only if it appears that there is a doubt or question as to the convicted person's guilt, as to any mitigating circumstances in the case or as to any part of the evidence in the case: s474E (2). A doubt about the guilt of an applicant arises if the material relied on causes unease or a sense of disquiet in allowing the conviction to stand: Varley v Attorney General (1987) 8 NSWLR 30 at 48; R v Rendell (1987) 32 A Crim R 243. 3 The applicant was convicted of the offences on 27 July 1996 after a trial before Hunt CJ at CL and a jury. On each count of murder his Honour sentenced the applicant to imprisonment for life and for the offence of detaining for advantage to imprisonment for six years.