A post-conviction admission made by an offender to a Corrective Services Officer during a court-ordered assessment for an intensive correction order is not capable of being adduced as fresh evidence by the prosecution on a conviction appeal under s 18(2) of the Crimes (Appeal and Review) Act 2001 (NSW). The 'interests of justice' test under s 18(2) encompasses broader considerations than the admissibility provisions in the Evidence Act 1995 (NSW), including the protection of the common law right of silence in court-ordered sentencing processes.
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