Application by Ivan Robert Marko Milat pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW)

The application by Ivan Robert Marko Milat under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW) was brought before the court, seeking an inquiry into his sentence for his crimes. The applicant, Milat, had been convicted of multiple murders, and the court was tasked with determining whether the application for an inquiry into his sentence should be granted. The Crown's response was that it was not necessary to establish Milat's precise role in the murders, specifically whether he acted alone or as part of a joint criminal enterprise.

The central legal issues revolved around whether the Crown had to establish Milat's exact role in the crimes and whether there was a deprivation of the benefit of exculpatory DNA evidence regarding hairs found in one of the deceased's hands. The court also considered whether there was any unease or sense of disquiet that would warrant allowing the sentence or conviction to stand, as well as whether there were any special facts or circumstances that would support a grant of the application. These issues were evaluated in light of previous similar applications that had been dismissed.

The court found that the Crown was not required to establish Milat's precise role in the murders, as it was not necessary for the application. Furthermore, there was no deprivation of the benefit of exculpatory DNA evidence, as the summing up by the trial judge was deemed adequate. The court also determined that there was no unease or sense of disquiet that would necessitate allowing the sentence or conviction to stand. Given that the application was substantially similar to those previously made and dismissed, the court dismissed the application. The court did not find any special facts or special circumstances that would warrant a different outcome.

The court dismissed the application, and no further orders were made.