On a referral of the whole case under s 474C(1)(b) of the Crimes Act 1900, the Court of Criminal Appeal is re-invested with jurisdiction notwithstanding a prior appeal, but is not required to re-adjudicate grounds already disposed of unless fresh evidence warrants reconsideration. Where factual issues are remitted under s 12(2) of the Criminal Appeal Act 1912, the appellate court may not substitute its own findings for those of the remitter judge unless error is demonstrated. Where convictions are quashed due to police corruption, the court will ordinarily order a new trial for serious offences where there is a substantial body of evidence supporting the Crown case, leaving it to the prosecuting authority to decide whether to proceed.
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