The word 'adduced' in s 102(2) of the Crimes (Appeal and Review) Act 2001 (NSW) means 'tendered' or 'brought forward', not 'admitted'. Evidence that was available to the prosecution but not tendered at the original trial because it was or was thought to be inadmissible is not 'fresh' evidence, even if subsequent changes in the law of evidence would now make it admissible. Where retrial of multiple offences is sought, the Court must assess freshness of evidence in relation to each offence separately, even if the offences should be tried on one indictment. For statements by an accused to constitute implied admissions of guilt, it must be possible to prove their falsity independently of the statements themselves.
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