GAR – Application for an inquiry into conviction pursuant to s 78 of the Crimes (Appeal and Review) Act 2001

In the case of GAR v The Queen, the applicant sought an inquiry into their conviction for sexual intercourse without consent under section 78 of the Crimes (Appeal and Review) Act 2001. The applicant's application was heard in the Supreme Court of Queensland. The central issue before the court was whether the applicant was entitled to an inquiry into their conviction where there was no doubt or question as to their guilt, as per section 78(3) of the Act.

The court considered the statutory provisions and previous case law to determine whether an inquiry into the conviction was appropriate in circumstances where the applicant unequivocally admitted their guilt. The applicant argued that an inquiry was warranted due to the possibility of a miscarriage of justice in the original trial. However, the court noted that section 78(3) of the Act explicitly precludes an inquiry where there is no doubt as to the applicant's guilt. The court held that the statutory language was clear and unambiguous, and therefore, the applicant's application for an inquiry was not permissible.

Given the court's findings, the applicant's application for an inquiry into their conviction was dismissed. The court concluded that the statutory provisions precluded such an inquiry where there was no doubt as to the applicant's guilt. The orders made by the court reflected this outcome, with the applicant's application being denied.