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—
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
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—
it was not adduced at the trial of the offence; and
it could not, even with the exercise of reasonable
diligence, have been adduced at the trial; and
it is reliable; and
it is substantial; and
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.