Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 671AC

671AC Right of subsequent appeal

(1) This section applies if—

(a) a person appealed, or applied for leave to appeal, against a conviction of the person under section 668D ; and

(b) the Court, under chapter division 2 —

(i) refused to grant leave to appeal; or

(ii) dismissed the appeal in whole or in part; or

(iii) determined the appeal and dealt with the person under section 668F .

(2) The person may make a subsequent appeal to the Court, with the leave of the Court, against the person’s conviction on a ground that there is fresh and compelling evidence or new and compelling evidence.

(3) Also, the person may make a subsequent appeal under subsection (2) if—

(a) the Court has, under this chapter division, refused to grant an earlier application for leave to make a subsequent appeal; or

(b) the Court has, under this chapter division, dismissed an earlier subsequent appeal in whole or in part.

(4) The Court may give its leave to make a subsequent appeal at any time it considers necessary or desirable.