In Queensland, once an appeal against conviction has been decided on its merits under s 668D of the Criminal Code, the right of appeal is exhausted and no further appeal can be entertained, even where the applicant contends the conviction was tainted by fabricated evidence. The Northern Territory decision in DPP v Moseley, recognising equitable jurisdiction to set aside criminal appeal judgments obtained by fraud, was held by Morrison JA to be incorrectly decided and inapplicable in Queensland, though Fraser JA and Mullins J expressly left this question open. The appropriate remedy for a convicted person who contends their conviction was tainted is a petition for pardon and possible reference under s 672A of the Criminal Code.
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