Application by Ivan Robert Marko Milat pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 434

Supreme Court New South Wales

Medium Neutral Citation: Application by Ivan Robert Marko Milat pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2014] NSWSC 434 Hearing dates: On the papers Decision date: 22 April 2014 Jurisdiction: Common Law Before: Adamson J Decision: Application refused. Catchwords: CRIMINAL LAW - Application for inquiry into sentence under s 78 Crimes (Appeal and Review) Act 2001 - not necessary for Crown to establish the applicant's precise role in the murders and in particular whether he committed them alone or as part of a joint criminal enterprise - no deprivation of benefit of exculpatory value of DNA evidence in relation to the hairs found in deceased's hand in context of adequate summing up by trial judge - no unease or sense of disquiet with allowing sentence or conviction to stand - no special facts or special circumstances - Application substantially similar to those made before - Application dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001, s 78, s 79 Cases Cited: Application of Peter James Holland under s.78 of the Crimes (Appeal and Review Act) 2001 [2008] NSWSC 251 Milat v The Queen [2004] HCATrans 179 R v Milat [1998] NSWSC 795 R v Ivan Robert Marko Milat [2005] NSWSC 920 Milat [2006] NSWSC 1391 Milat - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2010] NSWSC 1292 Milat - Inquiry into conviction and sentence [2008] NSWSC 732 Category: Principal judgment Parties: Ivan Robert Marko Milat (Applicant) Regina (Respondent) Representation: Crown Solicitor's Office (Respondent) File Number(s): 13/265626 Publication restriction: Nil