Milat, Ivan Robert Marko - Application under Section 78 of the Crimes (Appeal and Review) Act 2001
Case
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[2015] NSWSC 209
•13 March 2015
Details
AGLC
Case
Decision Date
Milat, Ivan Robert Marko - Application under Section 78 of the Crimes (Appeal and Review) Act 2001 [2015] NSWSC 209
[2015] NSWSC 209
13 March 2015
CaseChat Overview and Summary
Ivan Robert Marko Milat, the applicant, sought an inquiry into his convictions for seven counts of murder and detaining for advantage, following the dismissal of his appeal by the Court of Criminal Appeal and the refusal of special leave to appeal by the High Court of Australia. The applicant had previously made five unsuccessful applications for an inquiry into his convictions, and the matters he raised in this application had been previously dealt with in earlier applications. The court had to decide whether there were special facts or special circumstances that warranted a further inquiry into his convictions. The court examined the applicant's submissions and found that there were no special facts or special circumstances that had not been previously considered. The court held that the matters raised by the applicant were matters that had been dealt with in earlier applications and that there was no basis for a further inquiry into his convictions.
The court found that the applicant had failed to demonstrate that there were special facts or special circumstances that warranted a further inquiry into his convictions. The court held that the matters raised by the applicant were matters that had been dealt with in earlier applications, and there was no basis for a further inquiry into his convictions. The court further held that the applicant had not demonstrated any new evidence or information that would warrant a further inquiry into his convictions. The court held that the applicant's submissions were without merit and that there were no grounds for granting the application for an inquiry into his convictions. The court refused the application under s.79(3) Crimes (Appeal and Review) Act 2001.
The court found that the applicant had failed to demonstrate that there were special facts or special circumstances that warranted a further inquiry into his convictions. The court held that the matters raised by the applicant were matters that had been dealt with in earlier applications, and there was no basis for a further inquiry into his convictions. The court further held that the applicant had not demonstrated any new evidence or information that would warrant a further inquiry into his convictions. The court held that the applicant's submissions were without merit and that there were no grounds for granting the application for an inquiry into his convictions. The court refused the application under s.79(3) Crimes (Appeal and Review) Act 2001.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Appeal
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Res Judicata
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Most Recent Citation
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Cases Citing This Decision
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[2022] NSWSC 1153
Cases Cited
8
Statutory Material Cited
4
R v Milat
[2005] NSWSC 920
MILAT
[2006] NSWSC 1391
Milat - Inquiry into conviction and sentence
[2008] NSWSC 732