JB - Application for inquiry into conviction pursuant to s 78 of the Crimes (Appeal & Review) Act 2001

In this case, the applicant sought an inquiry into their conviction for murder under section 78 of the Crimes (Appeal and Review) Act 2001. The applicant was a child at the time of the alleged offence. New material came to light after all avenues of appeal had been exhausted, relating to a prosecution witness at the trial, the prosecution's duty of disclosure, and whether the applicant's solicitor at the trial had a conflict of interest. The applicant also expressed a sense of unease or disquiet about their conviction.

The legal issues before the court were whether the new material could lead to a reasonable possibility of a different outcome, whether the applicant's solicitor had a conflict of interest, and whether the prosecution had breached its duty of disclosure. The court also had to consider the provisions of section 78 of the Act and the relevant case law.

The court found that the new material did not give rise to a reasonable possibility of a different outcome. The court held that the applicant's solicitor did not have a conflict of interest, and that the prosecution had not breached its duty of disclosure. The court also found that the applicant's sense of unease or disquiet about the conviction was not sufficient to warrant an inquiry into the conviction under section 78 of the Act.

The court dismissed the application for an inquiry into the conviction. The court found that the new material did not give rise to a reasonable possibility of a different outcome, and that the other grounds of the application were not made out. The court held that the provisions of section 78 of the Act were not engaged, and that there was no basis for an inquiry into the conviction.