Sutton (a pseudonym) v The King

[2025] VSCA 129

Victorian Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal
3. › Second or subsequent appeal
4. › Fresh and compelling evidence
5. › Whether evidence 'fresh' within meaning of s 326C(3)(a)
6. › Whether evidence available at trial rendered fresh by incorporation into post-trial document
7. › Whether evidence 'compelling' within meaning of s 326C(3)(b)
8. › Criminal Procedure Act 2009 (Vic), ss 326A, 326C
1. Criminal Law
2. › Appeal
3. › Second or subsequent appeal
4. › Application for witnesses to attend and be examined
5. › Whether in interests of justice to require witnesses to give evidence
6. › Relevance of number of witnesses and scope of inquiry
7. › Criminal Procedure Act 2009 (Vic), s 318
1. Criminal Law
2. › Bail
3. › Bail pending appeal
4. › Whether exceptional circumstances shown
5. › Whether reasonable prospects of success on appeal

Quick Take

Evidence that was available at trial is not rendered 'fresh' for the purposes of s 326C of the Criminal Procedure Act 2009 (Vic) merely because a witness incorporates that evidence into a document prepared after trial, and a forensic decision by counsel not to adduce available evidence does not make that evidence 'fresh' on a second appeal.

Case Details

Citation[2025] VSCA 129

CourtVSCA

JurisdictionVictoria

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Relies on6

2025Mokbel v The KingVSCA 62
2024Madafferi v The KingVSCA 229
2020Roberts v The QueenVSCA 58
2017Van Beelen v The QueenHCA 48
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