The Crimes (Appeal and Review) Act 2001 (NSW) permits the Minister to refer the conviction of a deceased person to the Court of Criminal Appeal under s 77(1)(b), and the Court is required to determine the appeal notwithstanding the death of the convicted person. Where fresh evidence is of such cogency as to demonstrate the innocence of the convicted person, it is unnecessary to assess the fairness of the original trial or the admissibility of evidence by reference to the standards prevailing at the time of trial.
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