Milat - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2010] NSWSC 1292

New South Wales Supreme Court

CITATION : Milat - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 [2010] NSWSC 1292

HEARING DATE(S) : On the papers

JUDGMENT DATE : 11 November 2010

JURISDICTION : Criminal

JUDGMENT OF : McClellan CJatCL

DECISION : Application refused.

CATCHWORDS : CRIMINAL LAW - fourth application made - appeal

LEGISLATION CITED : Crimes (Appeal & Review) Act 2001

CASES CITED : R v Milat (1998) NSWSC 795

PARTIES : Ivan Robert Marko Milat

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCLELLAN CJ at CL

THURSDAY 11 NOVEMBER 2010

MILAT, Ivan Robert Marko

APPLICATION FOR INQUIRY INTO CONVICTION AND SENTENCE PURSUANT TO S 78 OF THE CRIMES (APPEAL AND REVIEW) ACT 2001

DECISION 1 HIS HONOUR: Mr Ivan Robert Marko Milat has made an application pursuant to s 78 of the Crimes (Appeal & Review) Act 2001 seeking an inquiry into his conviction for 7 counts of murder and one count of detaining for advantage. The present application is the fourth application he has made for review of his conviction. Each of the previous three applications has been declined. 2 The application is hand-written and raises three issues for consideration. Those issues are:

1. Unease over the reliability of the Crown's primary evidence. 2. The availability of new evidence. 3. The fact that at his trial, DNA evidence did not implicate him in the crime and there was also cogent evidence of an alibi. 3 The latest application must be considered pursuant to Part 7 of the Crimes (Appeal and Review) Act. Relevant portions of s 78 and 79 of that Act are as follows: "78 Applications to Supreme Court