Mokbel v The King

[2025] VSCA 243

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Second or subsequent appeal
4. › Leave to appeal
5. › Whether fresh evidence 'compelling'
6. › Whether evidence can be 'highly probative in the context of the issues in dispute at the trial' where no trial following plea of guilty
7. › Criminal Procedure Act 2009 (Vic), s 326C(3)(b)(iii)(A)
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Guilty pleas
5. › Integrity of pleas impugned by non-disclosure
6. › Barrister registered as police informer
7. › Common purpose between barrister and police to ensure conviction
8. › Whether substantial miscarriage of justice
9. › Whether fundamental departure from proper processes for trial
10. › Whether non-disclosure had capacity to affect outcome of prosecutions
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Whether common purpose of barrister and State police undermined administration of justice
5. › Method used to obtain evidence grossly improper
6. › Distinction between State and Commonwealth prosecutions
7. › Order for acquittal versus order for retrial
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Guilty pleas
5. › Whether evidence improperly obtained
6. › Whether evidence would have been excluded
7. › Evidence Act 2008 (Vic), s 138

Quick Take

The statutory requirement that fresh evidence be 'highly probative in the context of the issues in dispute at the trial' for second appeals under s 326C(3)(b)(iii)(A) of the Criminal Procedure Act 2009 is not confined to cases where a trial actually took place; it extends to guilty plea cases where the 'issues in dispute' include the integrity of the plea.