Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CRIMINAL CODE 1899 - SECT 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.
(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 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback