A post-trial diagnosis of Autism Spectrum Disorder does not of itself establish a miscarriage of justice where the diagnosis relates to the accused rather than the complainant, and where the Crown case rested primarily on the complainant's evidence rather than the accused's demeanour or credibility. The proviso under s 6(1) of the Criminal Appeal Act 1912 (NSW) may apply where the fresh evidence, even if admitted, would not have given rise to a significant possibility of a different verdict given the strength of the Crown case.
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