There is no power in a trial judge or the Court of Appeal to stay a prosecution, or allow an appeal against conviction, merely because the admissible evidence is collectively weak or tenuous — the reasoning in [name withheld] v The Queen applies with equal force to stay applications as to directed acquittals. Section 65(8) of the Evidence Act 2008 (Vic) enables an accused to adduce first-hand hearsay evidence of third-party confessions where the maker is unavailable, but such evidence must still meet the credibility threshold for fresh evidence on appeal. Where there is significant delay between offending and sentencing, past sentencing practice is relevant but cannot have a greater or more controlling effect than current sentencing practice.
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