Supreme Court Act 1933

For this part, evidence against a person acquitted of an offence is fresh if the evidence—

was not tendered in the proceeding in which the person was acquitted of the offence; and

could not, in the course of an exercise of reasonable diligence, have been tendered in the proceeding.

However, for this part, evidence against a person acquitted of an offence is not fresh if the evidence—

was, or was considered to be, inadmissible in the proceeding in which the person was acquitted of the offence; and

would, as a result of a change in the law on or after the person was acquitted of the offence, be admissible in a proceeding in which the person is retried for the offence.

For this part, evidence against a person acquitted of an offence is compelling if the evidence is—

reliable; and

substantial; and

highly probative of the guilt of the acquitted person in the context of the issues in dispute in the proceeding in which the person was acquitted.