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Supreme Court dismisses appeal from High Court, and affirms order dismissing application to declare a miscarriage of justice as 'bound to fail', on the grounds that: (a) the court had jurisdiction to dismiss such an application where there were no sufficient grounds; and (b) the various grounds put forward by the applicant for alleging 'new of newly discovered facts' or facts of which the significance had not been fully appreciated, were not sufficient in all circumstances to allege that he had been a victim of a miscarriage of justice.
Charleton J (nem diss): Criminal law - alleged miscarriage of justice - s 2 of the Criminal Procedure Act 1993 - appeal on issue of law of general public importance - 1998 murder conviction - appeal dismissed in 2002 - lack of access to legal advice while in custody - determination by Court of Appeal that application for miscarriage of justice was bound to fail - whether matters of complaint were 'new or newly discovered facts' - whether case law could amount to a matter giving rise to a miscarriage of justice - need for defendant to bring forward his entire case at trial.
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