Application by Peter James Holland pursuant to s 78 Crimes (Appeal and Review) Act 2001

Peter James Holland made an application under section 78 of the Crimes (Appeal and Review) Act 2001, seeking a review of his conviction for aggravated sexual intercourse without consent and attempted sexual intercourse without consent. The application was considered by the court after Holland's appeal to the Court of Criminal Appeal had been dismissed. This was Holland's third attempt to have his conviction reviewed under section 78, following two previous unsuccessful applications where the same issues had been raised.

The primary legal issue before the court was whether there was a doubt or question as to Holland's guilt. The court needed to determine if there were any special facts or special circumstances that had not been previously considered, which could warrant a review of the conviction. Holland argued that there were significant issues with the trial process that warranted a reconsideration of his guilt. However, the court found that Holland had not presented any new evidence or arguments that had not already been considered in the previous applications.

The court concluded that there were no special facts or circumstances that warranted a further review of Holland's conviction. It was determined that the issues raised by Holland had already been thoroughly examined in the previous applications and in the appeal to the Court of Criminal Appeal. As such, the court found no grounds for a doubt or question as to Holland's guilt. The application was dismissed, and the convictions were upheld.

The court ordered that the application be dismissed and that the convictions for aggravated sexual intercourse without consent and attempted sexual intercourse without consent would stand. The court also noted that it would not consider or deal with the matter further under section 79(3) of the Act, as no new or special circumstances had been presented.