On a reference under s 474C of the Crimes Act 1900 (NSW), the Court must consider the whole case including fresh evidence, and is not confined to reviewing the reasonableness of the jury verdict. Where a witness gives irreconcilably conflicting evidence at trial and on appeal, the appropriate course is to disregard that witness's evidence entirely. A ground of appeal based on a subsequent change in the law (here, the right to silence direction) may be raised on a s 474C reference even where the same ground was previously refused leave, following the expansive approach mandated by Mallard v The Queen.
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