The case applies established principles governing adjournment applications in criminal appeals, the distinction between 'fresh' and 'new' evidence on appeal under s 40(1)(e) of the Criminal Appeals Act 2004 (WA), and the test for miscarriage of justice arising from alleged jury interference. A breach of a constitutionally derived right under a foreign constitution (here, the US Fourth Amendment) is not, without more, relevant to the admissibility of evidence in a Western Australian criminal trial.
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