Application of Victor Makarov pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001(NSW)

The case involved Victor Makarov, who applied to the Court of Criminal Appeal under section 78 of the Crimes (Appeal and Review) Act 2001 (NSW). Makarov sought an enquiry into his convictions based on new information that had surfaced since his convictions, specifically concerning the credibility and reliability of witnesses who testified against him. The application was made on the grounds that the newly available information raised questions about Makarov's guilt. The court was tasked with determining whether the material Makarov relied upon was sufficient to warrant an enquiry into his convictions, given the potential impact on the fairness of the proceedings.

The primary legal issue before the court was whether the new evidence presented by Makarov was sufficient to create a doubt or question as to his guilt, thereby justifying an enquiry into his convictions. The court considered the criteria established in previous case law, which require a sense of disquiet or unease to be raised regarding the applicant's guilt. The court also had to assess whether the new information was of a kind that could materially affect the safety of the conviction, taking into account the reliability and credibility of the evidence.

The court found that the material presented by Makarov did not meet the threshold required to justify an enquiry into his convictions. The court was satisfied that there was no substantial doubt or question concerning Makarov's guilt based on the new information. The evidence provided was not deemed to be of the kind that would materially affect the safety of the conviction. Therefore, the application was dismissed, and the convictions were upheld. The court concluded that Makarov had not discharged the onus of proving that there was a significant doubt or question as to his guilt that warranted further investigation.