When exercising the referral discretion under s 327(1)(a) of the Criminal Procedure Act 2009 (Vic), the Attorney-General may apply a 'reasonable possibility' test asking whether there is a reasonable possibility that the Court of Appeal would allow the appeal, and this approach does not exceed the bounds of reasonable exercise of the discretion.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.