Application by AZ for inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)

In the case before the Court, the applicant, AZ, applied for an inquiry into their conviction under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). The nature of the dispute was whether the Supreme Court should exercise its discretion to summarily dispose of the application for an inquiry into the conviction, considering that the applicant relied solely on matters that had been previously raised at the trial and on appeal. The case was heard in the Supreme Court of New South Wales.

The legal issue that the Court needed to decide was whether the Supreme Court should consider the application for an inquiry into the conviction, given that the applicant was relying on matters that had already been raised at the trial and on appeal. The Court had to consider the appropriate exercise of its discretion under section 78 of the Act and whether the applicant's reliance on previously considered matters was sufficient to warrant a full inquiry.

The Court held that the applicant's reliance on matters previously raised at the trial and on appeal was not sufficient to warrant a full inquiry into the conviction. The Court exercised its discretion to summarily dispose of the application, finding that the applicant had not demonstrated that there were new matters of substance that warranted further consideration. The Court concluded that the applicant's reliance on previously considered matters did not meet the threshold for an inquiry into the conviction. Therefore, the application was dismissed.

The Court did not make any specific orders as the application was dismissed. The Court's decision was based on the applicant's failure to demonstrate that there were new matters of substance that warranted further consideration, and the applicant's reliance on previously considered matters did not meet the threshold for an inquiry into the conviction.