The Court of Criminal Appeal has no jurisdiction to re-open an appeal after perfection of orders, even where procedural fairness is alleged to have been denied; the Grierson principle admits of no exception for procedural unfairness (as distinct from a total failure to determine a ground of appeal). The Crown's duty of disclosure in New South Wales encompasses the Keane/Brown principles: documents are material and must be disclosed if they can be seen, on a sensible appraisal, to be relevant or possibly relevant to an issue in the case, to raise or possibly raise a new issue, or to hold out a real prospect of providing a lead on evidence. In cases of Crown non-disclosure, the test for miscarriage of justice is whether there was a 'real chance of acquittal' — a less demanding test than the 'significant possibility' test applicable to fresh evidence cases generally.
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