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

The application was made by the applicant, GAR, for an inquiry into his conviction for sexual intercourse without consent, pursuant to section 78 of the Crimes (Appeal and Review) Act 2001. The application was heard by the Court of Appeal of the Supreme Court of Queensland. The respondent to the application was the State of Queensland, represented by the Director of Public Prosecutions.

The primary legal issue before the court was whether the applicant's case warranted an inquiry into his conviction. The applicant argued that new evidence had emerged which cast doubt on his conviction, despite the fact that there was no doubt or question as to his guilt. The court had to determine whether the evidence was of such a nature that it would justify an inquiry into the conviction. The court also had to consider whether the application was made within a reasonable time, and whether the application was made for an improper purpose.

The court found that the evidence put forward by the applicant did not warrant an inquiry into his conviction. The court held that there was no doubt or question as to the applicant's guilt and that the evidence did not undermine the conviction. The court also found that the application was made outside of the reasonable time limit, and that the application was made for an improper purpose. As such, the court dismissed the application. The court held that there was no basis for an inquiry into the conviction, and that the application should be dismissed. The court further held that the applicant had not demonstrated any grounds for the inquiry to be held.