The Victorian second or subsequent appeal provisions (ss 326A, 326C, 326D Criminal Procedure Act 2009) require the applicant to satisfy the Court (not merely show it is reasonably arguable) that there is fresh and compelling evidence that should, in the interests of justice, be considered on appeal. The concept of 'issues in dispute at the trial' for the highly probative criterion extends to the underlying question of whether the applicant received a fair trial, not merely specific forensic issues. Evidence of non-disclosure and manipulation of police evidence, even if not individually compelling, may in aggregate satisfy the compelling evidence test when it contextualises and amplifies other fresh evidence. The interests of justice assessment is an intermediate judgment that may be informed by the broad scope of substantial miscarriage of justice but is not to be conflated with it.
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