A proposed second appeal application under s 326A of the Criminal Procedure Act 2009 (Vic) that does not identify evidence capable of being 'compelling' within the meaning of s 326C may be refused filing by the Registrar as an abuse of process under r 1A.04 of the Supreme Court (Criminal Procedure) Rules 2017 (Vic). The Registrar's gatekeeping function extends to screening out second appeal applications that are totally without merit.
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