Application by Sef Gonzales pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW); (No 3)

Sef Gonzales applied for an inquiry into three murder convictions under section 78 of the Crimes (Appeal and Review) Act 2001. The application was heard in the Court of Criminal Appeal, which had already rejected his earlier appeal and two prior applications for a Part 7 inquiry. The central issue before the court was whether there were special facts or special circumstances warranting further scrutiny of the convictions, particularly if the jury should have had reasonable doubt regarding the applicant's guilt. The court was tasked with determining whether the application met the criteria set out in the Act for an inquiry into the convictions.

The court examined the grounds of the application and considered the legal principles governing such inquiries. It concluded that Gonzales had not presented any new or exceptional facts that would warrant further investigation into his convictions. The court emphasised that a Part 7 inquiry was an exceptional remedy, only available in cases with truly special facts or circumstances. Since Gonzales' application did not meet this threshold, the court declined to entertain the application further.

In light of the findings, the court dismissed the application without further consideration. The reasoning centred on the absence of any special facts or circumstances that would justify an inquiry into the convictions. The court's decision underscored the stringent criteria required for a Part 7 inquiry and reinforced the principle that such applications must meet a high standard to be considered. The court's ruling effectively closed the door on further appeals concerning these convictions, barring any further attempts to challenge the jury's decision based on the presented grounds.