Meaning of fresh and compelling evidence—pt 8AB
68ZE Meaning of fresh and compelling evidence—pt 8AB
For this part, evidence in relation to an offence is fresh if the evidence—
has not been tendered in the proceeding in which the convicted person was convicted or found guilty of the offence, or any appeal against the conviction or finding of guilt; and
could not, in the course of an exercise of reasonable diligence, have been tendered in a proceeding mentioned in paragraph (a).
To avoid any doubt, subsection (1) does not prevent evidence from being fresh only because the evidence was, or would have been considered to be, inadmissible in the proceeding in which the convicted person was convicted or found guilty of the offence.
For this part, evidence in relation to an offence is compelling if the evidence is—
reliable; and
substantial; and
highly probative in the context of the issues in dispute in the proceeding in which the person was convicted or found guilty.
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