The prosecution's obligation to disclose extends to all things in its possession tending to help the accused, but does not extend to disclosing a witness's prior history as a registered informant in unrelated investigations where such disclosure would be unlawful under s 119 of the Drugs Misuse Act 1986 (Qld). Fresh evidence going only to the credibility of witnesses whose credibility was already squarely in issue at trial, and about whom the jury was specifically warned, will not establish a miscarriage of justice where the prosecution case was otherwise overwhelming. The onus is on the appellant to prove non-disclosure on the balance of probabilities.
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