Further evidence will not ordinarily be admitted on a second appeal where it was available at trial and a forensic decision was made not to rely on it, even where the appellant was represented at trial and on the first appeal. A party is bound by the forensic decisions of their lawyer at trial. The exception in s 4(3)(b)(i) of the Listening Devices Act 1992 (ACT) is satisfied where a complainant in a domestic violence context records a conversation on reasonable grounds for the protection of her lawful interests, including where she fears serious injury or death.
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