THE APPLICATION OF BERNARD LEWIS MOORE

In the case of the Application of Bernard Lewis Moore, the applicant seeks a reference to the Court of Criminal Appeal to challenge his conviction for a serious crime committed many years ago. The application was made on the basis of fresh evidence, which the applicant claims, if accepted, would cast doubt on his guilt. The matter was heard in the Supreme Court of Victoria. The primary legal issue before the court was whether the applicant's case warranted a reference to the Court of Criminal Appeal due to fresh evidence that allegedly undermines the conviction. The court had to determine whether the fresh evidence was such that it would create a reasonable doubt about the applicant's guilt, or if there was an arguable ground of appeal that could be successfully pursued.

The court carefully examined the principles governing references to the Court of Criminal Appeal, particularly focusing on the need for a "sense of unease" or "disquiet" in allowing the conviction to stand. It considered whether the fresh evidence presented by the applicant was credible and whether it would likely result in the conviction being quashed or the case being remitted for re-trial. Additionally, the court assessed whether there were any arguable grounds of appeal that had not been previously considered and that could be successfully argued before the Court of Criminal Appeal. After thorough consideration, the court concluded that the fresh evidence did not create a sufficient sense of unease or disquiet to warrant a reference to the Court of Criminal Appeal. Furthermore, the court found that there were no arguable grounds of appeal that had not already been considered and rejected.

The court dismissed the application and denied the reference. This decision was based on the court's assessment that the fresh evidence did not meet the necessary threshold to warrant a referral and that no new or overlooked grounds of appeal were present. The applicant's conviction remains in place, and the court's decision stands as a definitive ruling on the matter of the application.