A2 v R; Magennis v R; Vaziri v R

The discretion to order a new trial under s 8 of the Criminal Appeal Act 1912 (NSW) is properly exercised in favour of retrial where the case at the first trial was one on which a jury could reasonably convict, the evidential basis would not be significantly different, and the public interest in the administration of justice outweighs factors such as delay, partial service of sentence, and stress to the parties. The fact that the legal error at the first trial arose from a genuinely contested question of statutory construction (not prosecutorial fault) is a relevant factor favouring retrial.