Sections 6(2) and 8(1) of the Criminal Appeal Act 1912 (NSW) do not empower the Court of Criminal Appeal to quash a conviction and make no further order; the Court must either enter a verdict of acquittal or order a new trial. Where fresh evidence undermines the credibility of corroborative police witnesses whose evidence was important to the admission of confessional material, and the appellant has effectively served any sentence likely to be imposed on reconviction, the Court will exercise its discretion to enter a verdict of acquittal rather than order a new trial. Persons conducting inquiries under s 474G should ascertain the attitude of Crown witnesses to collateral allegations during the inquiry.
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