Allan - Application for Inquiry into Conviction and Sentence pursuant to s 78 of the Crimes (Appeal & Review) Act 2001

The case involved Allan, who was convicted at the Local Court and subsequently had his appeal dismissed by the District Court. Allan applied for an inquiry into his conviction and sentence under section 78 of the Crimes (Appeal & Review) Act 2001. His earlier application in 2012 was refused, but he sought to rely on fresh evidence in his current application. The court had to determine whether the fresh evidence presented by Allan warranted an inquiry into his conviction and sentence.

The legal issue before the court was whether the fresh evidence provided by Allan was sufficient to raise a doubt or question as to his guilt. Under section 78 of the Crimes (Appeal & Review) Act 2001, an inquiry into a conviction and sentence can only be granted if there is no doubt or question as to the guilt of the person convicted. The court needed to assess the credibility and relevance of the fresh evidence in light of this statutory criterion.

The court found that the fresh evidence presented by Allan did not raise a doubt or question as to his guilt. The evidence did not provide a reasonable possibility that the conviction was unsafe or unsatisfactory. The court considered the statutory requirements and concluded that the evidence was not sufficient to warrant an inquiry into the conviction and sentence. Consequently, the application for review was dismissed.

The court ordered that Allan's application for an inquiry into his conviction and sentence be dismissed. No further orders were made.