Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 678D

678D Fresh and compelling evidence—meaning

(1) This section applies for the purpose of deciding under this chapter whether there is fresh and compelling evidence against an acquitted person in relation to the offence of murder or a prescribed 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 by—

(i) a police officer in relation to the investigation of the commission of the offence; or

(ii) a prosecutor in relation to the prosecution of the offence.

(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 chapter is not precluded from being fresh and compelling evidence merely because it would have been inadmissible in the earlier proceedings against the acquitted person.