Application by Brian Wayne Coles pursuant to s 78 of the Crimes (Appeal and Review) Act 2001

Brian Wayne Coles applied to the Court for a review of his conviction under section 78 of the Crimes (Appeal and Review) Act 2001. Coles was convicted in 1992 by a judge alone of various criminal charges, and his appeal against the conviction was dismissed in 1993. The High Court refused special leave to appeal in 1994. Coles contended that there appeared to be doubt as to his guilt due to several factors, including the flawed process of the election for trial without a jury, the decision not to give sworn evidence, and the trial judge’s reasons being deemed insufficient in light of subsequent High Court cases.

The legal issues before the Court were whether the election for trial without a jury was flawed, whether Coles' decision not to give sworn evidence resulted in a miscarriage of justice, and whether the trial judge’s reasons were inadequate. The Court had to determine if these issues created an appearance of doubt as to Coles' guilt, warranting a review of his conviction. The Court also needed to consider the requirement for compelling new evidence and whether the matters had already been addressed in previous proceedings.

The Court found that, despite the issues raised, there was no compelling new evidence to suggest that Coles was not guilty. Most of the matters considered by the Court had been previously examined by the appeal courts. The Court emphasised that for a review to be granted, there must be an appearance of doubt as to guilt, which the evidence in this case did not support. The Court concluded that the issues raised, while significant, did not create the necessary doubt to warrant a review of Coles' conviction. Consequently, the application for review was dismissed.

No orders were made by the Court, as the application was dismissed. The Court did not grant a review of Coles' conviction, finding that the evidence and arguments presented did not sufficiently demonstrate an appearance of doubt as to Coles' guilt.