The case provides a comprehensive restatement of the different tests applicable to fresh evidence (significant possibility of acquittal) and non-fresh evidence (verdict of guilty cannot stand) on criminal appeals and pardon petitions. Evidence from a witness who could have been obtained for trial through alternative arrangements (different trial date, video link) is non-fresh evidence subject to the stricter test. Section 23(1A) of the Criminal Code applies where a victim's jaw was weakened by earlier punches from another person, making the accused criminally responsible for grievous bodily harm resulting from a defect or weakness even if caused by a third party.
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
22 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.