The 'significant possibility' formulation from Mickelberg (that there is a significant possibility the jury, acting reasonably, would have acquitted) is the applicable test for fresh evidence appeals in NSW, being a less stringent criterion than 'likelihood'. A non-parole period of approximately 75% of the head sentence for federal drug importation offences is reserved for the worst category of case. Defence counsel may approach a co-accused who has pleaded guilty and is a compellable witness without first obtaining leave from the co-accused's legal representatives.
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