Milat, Ivan Robert Marko - Application under Section 78 of the Crimes (Appeal and Review) Act 2001

Case

[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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Appeal

  • Res Judicata