CRIMES ACT 1900 - SECT 422 Grounds for ordering inquiry
CRIMES ACT 1900 - SECT 422
Grounds for ordering inquiry(1) An inquiry may be ordered under this part into the conviction of a person for an offence only if—
(a) there is a doubt or question about whether the person is guilty of the offence; and
(b) the doubt or question relates to—
(i) any evidence admitted in a relevant proceeding; or
(ii) any material fact that was not admitted in evidence in a relevant proceeding; and
(c) the doubt or question could not have been properly addressed in a relevant proceeding; and
(d) there is a significant risk that the conviction is unsafe because of the doubt or question; and
(e) the doubt or question cannot now be properly addressed in an appeal against the conviction; and
(f) if an application is made to the Supreme Court for an inquiry in relation to the conviction—an application has not previously been made to the court for an inquiry in relation to the doubt or question; and
(g) it is in the interests of justice for the doubt or question to be considered at an inquiry.
Example for par (a) to (e)
John has been convicted of murder. Expert evidence that blood found on John's jacket shortly after the murder was almost certain to be the victim's blood was the main evidence connecting John with the murder.
Later DNA testing, by a method developed after all proceedings in relation to the conviction had been finalised (and the time for making any appeal had lapsed), shows that the blood is almost certainly not the victim's blood. This gives rise to a doubt or question about the blood evidence that could not have been (and cannot now be) properly addressed in any relevant proceeding in relation to the murder, and a significant risk that the conviction is unsafe.
(2) The inquiry is limited to matters stated in the order for the inquiry.
(3) If the inquiry is ordered by the Supreme Court, the court may set limits on the inquiry under subsection (2) despite anything in the application for the inquiry.