New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 102

102 Fresh and compelling evidence--meaning

(1) This section applies for the purpose of determining under this Division whether there is fresh and compelling evidence against an acquitted person in relation to an offence.

(2) Evidence is
"fresh" if--

(a) it was not adduced in the proceedings in which the person was acquitted, and

(b) it could not have been adduced in those proceedings with the exercise of reasonable diligence.

(3) Evidence is
"compelling" if--

(a) it is reliable, and

(b) it is substantial, and

(c) in the context of the issues in dispute in the proceedings in which the person was acquitted, it is highly probative of the case against the acquitted person.

(4) Evidence that would be admissible on a retrial under this Division is not precluded from being fresh and compelling evidence merely because it would have been inadmissible in the earlier proceedings against the acquitted person.