Non-disclosure of prosecution evidence that relates to an area of the case not advanced by the prosecution (here, negative blood tests in the vehicle's luggage area when the prosecution case was that the body was loaded through the rear passenger door) does not occasion a substantial miscarriage of justice where the points sought to be made from the undisclosed material could equally have been made on materials already available to the defence. The distinction between fresh and new evidence continues to apply under the Criminal Appeals Act 2004 (WA), and new expert evidence that merely raises possibilities without establishing the appellant should not have been convicted is insufficient to warrant a retrial.
The full text is available to signed-in members, including the 58 later cases that cite this judgment.
30 of the 58 citing cases carry a classified treatment. How each court treated it is available to signed-in members.