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

The case of GAR involved an application for an inquiry into a conviction for sexual assault under section 78 of the Crimes (Appeal and Review) Act 2001. This was the applicant's fourth application for such an inquiry, with previous attempts being dismissed. The Court of Appeal was tasked with determining whether the issues raised in this application should be reconsidered, given the history of previous applications.

The legal issues the court had to address included whether the application was an abuse of process and whether the issues raised had been previously examined. The court needed to balance the applicant's right to seek a review of their conviction against the principles of finality and the prevention of repetitive litigation. The court also had to consider whether the applicant had demonstrated that the issues raised were significant and warranted further examination.

In assessing the application, the Court of Appeal considered the history of previous applications and the nature of the issues presented. The court found that the applicant had not demonstrated that the issues were significant or that they had not been previously examined. It was also concluded that the application was an abuse of process due to the repetitive nature of the applications. Consequently, the application was dismissed, and the decision was upheld by the Court of Appeal. The court emphasised the importance of finality in criminal proceedings and the need to prevent repetitive litigation without substantial justification.