Once an application for leave to appeal against conviction has been refused on the merits and the orders perfected, the Court of Appeal is functus officio and cannot entertain a further application based on fresh evidence, regardless of how compelling that evidence may be. No distinction is drawn between the refusal of an application for leave and the dismissal of a substantive appeal. The fresh evidence power under s.574 of the Crimes Act 1958 (Vic.) cannot independently trigger a further appeal. The sole remedy is to petition the Attorney-General under s.584 (prerogative of mercy).
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