South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 353A

353A—Second or subsequent appeals

        (1)         The Full Court may hear a second or subsequent appeal against conviction by a person convicted on information if the Court is satisfied that there is fresh and compelling evidence that should, in the interests of justice, be considered on an appeal.

        (2)         A convicted person may only appeal under this section with the permission of the Full Court.

        (3)         The Full Court may allow an appeal under this section if it thinks that there was a substantial miscarriage of justice.

        (4)         If an appeal against conviction is allowed under this section, the Court may quash the conviction and either direct a judgment and verdict of acquittal to be entered or direct a new trial.

        (5)         If the Full Court orders a new trial under subsection (4), the Court

            (a)         may make such other orders as the Court thinks fit for the safe custody of the person who is to be retried or for admitting the person to bail; but

            (b)         may not make any order directing the court that is to retry the person on the charge to convict or sentence the person.

        (6)         For the purposes of subsection (1), evidence relating to an offence is—

            (a)         "fresh" if—

                  (i)         it was not adduced at the trial of the offence; and

                  (ii)         it could not, even with the exercise of reasonable diligence, have been adduced at the trial; and

            (b)         "compelling" if—

                  (i)         it is reliable; and

                  (ii)         it is substantial; and

                  (iii)         it is highly probative in the context of the issues in dispute at the trial of the offence.

        (7)         Evidence is not precluded from being admissible on an appeal referred to in subsection (1) just because it would not have been admissible in the earlier trial of the offence resulting in the relevant conviction.



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