Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 671AE

671AE Determination of subsequent appeal

(1) For a subsequent appeal against an appellant’s conviction on a ground of fresh and compelling evidence, the Court must allow the subsequent appeal if it is of the opinion that there was a miscarriage of justice.

(2) However, the Court may, even if it is of the opinion that the point or points raised by a subsequent appeal on a ground of fresh and compelling evidence might be decided in favour of the appellant, dismiss the subsequent appeal if it considers that no substantial miscarriage of justice has actually occurred.

(3) For a subsequent appeal against an appellant’s conviction on a ground of new and compelling evidence, the Court must allow the subsequent appeal if, on the balance of probabilities, it is of the opinion that, in considering all of the evidence, the appellant was not guilty of the offence of which the appellant was convicted.

(4) Also, if for any subsequent appeal the Court considers the subsequent appeal to be a special case under section 668F , the Court may deal with the appellant under section 668F , despite section 668AA , as if the subsequent appeal were an appeal against conviction under chapter division 2 .

(5) The Court must, if a subsequent appeal is not determined under subsection (1) , (3) or (4) , dismiss the subsequent appeal.