Application by Cartman (a pseudonym) pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW)

The application by Cartman, under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW), sought a review of his conviction by the Supreme Court. Cartman had been convicted on criminal charges, and now contended that new evidence cast doubt on the credibility of the complainant’s evidence, which was pivotal to his conviction. The Supreme Court was required to determine whether the new evidence warranted an inquiry into the conviction, specifically whether it raised a doubt as to the applicant’s guilt or suggested an error in the proceedings.

The court identified the primary issue as whether the new evidence was sufficient to warrant an inquiry into the conviction. It was necessary to consider whether the new evidence cast doubt on the complainant's credibility or suggested an error in the proceedings. Additionally, the court had to determine whether the application amounted to an impermissible attempt to rerun the trial on the papers, rather than a legitimate inquiry into the conviction. The court held that the new evidence did cast doubt on the complainant's credibility and suggested an error in her account, thereby warranting an inquiry into the conviction.

The court found that the new evidence did indeed cast doubt on the credibility of the complainant’s account and suggested an error in her testimony. The court concluded that the application was not an attempt to rerun the trial on the papers but rather a legitimate inquiry into the conviction, as it was based on additional evidence. The Supreme Court granted Cartman’s application, ordering an inquiry into his conviction. This decision underscored the importance of ensuring that the integrity of the criminal justice system is maintained, and that doubts as to guilt are appropriately addressed through legitimate review processes.