In non-disclosure applications under s 416A of the Criminal Procedure Act 2009 (Vic), the court's inquiry is limited to whether the document could reasonably assist the applicant's case on appeal, not whether the ultimate appeal would succeed. A previous successful public interest immunity claim in respect of other documents in the same proceedings is not a matter to which the court should have regard when considering a new claim in respect of a different document. The question whether there is Australian authority that deprivation of impeachment material cannot ground a substantial miscarriage of justice in a guilty plea conviction appeal remains open.
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