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Act index » Chapter 6 - Appeals and cases stated » Part 6.4 - Second or subsequent appeal to Court of Appeal » Division 1 - Appeal against conviction
326C Determination of application for leave to appeal under section 326A
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(1)The Court of Appeal may grant leave to appeal under section 326A if it is satisfied that there is fresh and compelling evidence that should, in the interests of justice, be considered on an appeal.
(2)The Court of Appeal may grant leave to appeal under section 326A against a conviction for a related summary offence only if it grants leave to appeal under subsection (1) in relation to the indictable offence.
(3)In this section, evidence relating to an offence of which a person is convicted is—
(a)fresh if—
(i)it was not adduced at the trial of the offence; and
(ii)it could not, even with the exercise of reasonable diligence, have been adduced at the trial; and
(b)compelling if—
(i)it is reliable; and
(ii)it is substantial; and
(iii)either—
(A)it is highly probative in the context of the issues in dispute at the trial of the offence; or
(B)it would have eliminated or substantially weakened the prosecution case if it had been presented at trial.
(4)Evidence that would be admissible on a second or subsequent appeal is not precluded from being fresh or compelling only because it would not have been admissible in the earlier trial of the offence that resulted in the conviction.