Milat - Inquiry into conviction and sentence [2008] NSWSC 732

Milat - Inquiry into conviction and sentence [2008] NSWSC 732

The application was refused because the Crown case only sought to prove that the applicant committed the crimes, not that any other person was involved, and that case was made good. The alleged trial ruling error and procedural fairness complaints were without merit, the relevant matters had been available at trial for submissions to the jury, and the material provided did not raise a doubt or question about the applicant's guilt.

Jurisdiction
Australia
Judgment Date
17 July 2008
Procedural Posture
Application for Inquiry Into Conviction and Sentence / On Written Submissions; Third Application
Outcome
Application refused
Legal Topics
['application Under S 78' 'inquiry Into Conviction and Sentence' 'procedural Fairness' 'doubt or Question as to Guilt' 'crown Case']
['criminal Law'] ['application Under S 78' 'inquiry Into Conviction and Sentence' 'procedural Fairness' 'doubt or Question as to Guilt' 'crown Case']

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Procedural Posture

Application for Inquiry Into Conviction and Sentence / On Written Submissions; Third Application

Legal Issues

  1. 1 ["Whether the trial judge's ruling that the Crown did not have to prove whether the applicant acted alone or in company was erroneous." 'Whether the applicant was denied procedural fairness during the course of his trial.' 'Whether the material provided by the applicant raised a doubt or question about his guilt.']

Ratio Decidendi

The application was refused because the Crown case only sought to prove that the applicant committed the crimes, not that any other person was involved, and that case was made good. The alleged trial ruling error and procedural fairness complaints were without merit, the relevant matters had been available at trial for submissions to the jury, and the material provided did not raise a doubt or question about the applicant's guilt.

Court Disposition

Application refused

Orders

  • ['The application is refused.']